Law:

Section:

Criminal Procedure Code (V of 1898)---Ss.168, 173 & 561-A---Application for quashment---Investigation report---Class of case---Determination---Magistrate, duty of---Police submitted final report in "A" class due to lack of prosecution evidence but "A" class was not attracted as police had wrongly submitted final report in "A" class---Validity---Magistrate had also erred to accept report in "A" class as due to lack of evidence, it fell in "B" class---While passing administrative order, Magistrate was not supposed to act upon police report, on the contrary, it was duty of Magistrate to give his own finding with regard to sufficient or lack of evidence---Magistrate, while passing executive order had not gone through record of the case with such prudence as his office demanded from him and also failed to apply his conscious mind to the facts of the case and evidence collected by police---Non-speaking order was passed without any reason---Opinion of police was not to be followed blindly in every case and such opinion in view of legal evidence had to be tested in the light of totality of material on record---High Court set aside the order passed by Magistrate and report of police was directed to be treated as accepted under "B" class---Application was allowed in circumstances. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, J.---This is a criminal miscellaneous application under section 561-A, Cr.P.C., filed by the applicant, against the short order dated 26-1-2013, passed by the learned 3rd Judicial Magistrate, Karachi-West, whereby he had accepted the report under section 173 Cr.P.C. in "A" Class, on the ground that Investigation Officer failed to establish the case. 2. Contents of the F.I.R. lodged by one Habibullah Ali Zai, Manager Construction KESC are that during material inspection on 17-12-2012 the provided material of the contractor of KESC property was found stolen by the accused person. On such written complaint, F.I.R. was registered and during investigation the complainant inspected the site where he found four numbers of disc insulators belonged to KESC lying at EPLA Laboratory. He has recorded statement of all material witnesses. The investigation officer…

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