Law: Criminal Procedure Code (V of 1898)

Section: 173,190,193,249A,561A

Law: Pakistan Penal Code, 1860

Section: 34,161,343

Law: Prevention of Corruption Act, 1947

Section: 5(2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 193---Cognizance of offences by Court of Session---Summoning of accused---Principle---If incriminating evidence was available on record of case or material implicating accused was brought on record, accused could be summoned under S. 193, Cr.P.C. Inayatullah and 4 others v. The State 1999 PCr.LJ 731 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 190---Cognizance of offence by Magistrate---Report of police officer---Effect---Magistrate was not bound by report submitted by police under S. 173, Cr.P.C.---Nothing in S. 190, Cr.P.C. prevented a Magistrate from taking cognizance of case under class "B" in spite of the police report. Falak Sher and another v. The State PLD 1967 SC 425 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 249-A---Acquittal of accused at any stage of trial---Time for filing of application---Application under S.249-A, Cr.P.C. could be filed at any point of time after taking cognizance by Magistrate. (d) Prevention of Corruption Act (II of 1947)--- ----S. 5(2)---Penal Code (XLV of 1860), Ss. 161, 343 & 34---Criminal Procedure Code (V of 1898), S. 561-A---Criminal Misconduct and illegal gratification received by public servant---Wrongful confinement for 3 or more days---Complainant alleged that he received a threatening call for release of his son on payment of illegal gratification of Rs.10,00,000/- with caution that in case of non-payment his son would be involved in false cases or killed---Complainant further alleged that he paid the demanded amount and requested for release of his son but accused-police officials involved his son in a false case---Investigation was conducted and cognizance was taken against all the accused persons except one (present applicant)---Name of accused (present applicant) was booked in receiving illegal gratification, on application of advocate for complainant---Accused (present applicant) moved application under S. 561-A, Cr.P.C. for quashment---Name of accused (present applicant) was present in complaint with specific role---Held, by taking cognizance against the accused (present applicant) Trial Court rightly found a prima facie case…

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