Law:

Section:

(a) Criminal Procedure Code (V of 1898)---Ss. 173 & 561-A---Report of Police Officer---Inherent powers of High Court under S.561-A, Cr.P.C.---Scope---Order which the Magistrate passed on the report submitted by Investigating Officer under S.173, Cr.P.C., was an administrative order---While passing such an order Magistrate had to act fairly, justly and honestly and same be looked into under S.561-A, Cr.P.C. by exercising the inherent powers by the High Court. PLD 1985 SC 627 rel. (b) Criminal Procedure Code (V of 1898)----Ss. 173, 190(1)(b) & 561-A---Penal Code (XLV of 1860), Ss.419, 427 & 411---Cheating by personation, mischief causing damage to the amount of fifty rupees, dishonestly receiving stolen property---Application for quashment of proceedings---Powers of Magistrate under S.190(1)(b), Cr.P.C.---Scope---Magistrate, on the one hand had rejected the final report submitted under S.173, Cr.P.C., taking cognizance of the case for offences under Ss.419, 427, 411, P.P.C. and issued non-bailable warrants against accused; while on the other hand issued directions to register F.I.R. against accused persons and simultaneously, the Investigating Officer was directed to submit fresh charge sheet---Magistrate, in order to justify his action had issued directions for registration of fresh F.I.R. by concerned Police Official, and submission of final report, which was outside the scope of subsection (3) of S.173, Cr.P.C.---Magistrate, on the report submitted by the Investigating Officer, could pass an order as he would think fit; he could agree or not with the Investigating Officer; he could refuse to cancel the case, and order further investigation, or to take cognizance on the basis of that Police report under S.190(1)(b), Cr.P.C., but under said provisions of the law, the Magistrate after rejecting final report of Investigating Officer, could not pass order for registration of F.I.R.; and submit fresh report of his own choice---Magistrate was not justified in putting the cart before the horse---Order of Magistrate, in circumstances, was not sustainable. Haq Nawaz v. Haji Alam Khan and 8 others 2012 MLD 1075 and Naseer and others v. Khuda Bakhsh and others…

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