Law: Pakistan Penal Code, 1860

Section: 406,409,420

Law: Criminal Procedure Code (V of 1898)

Section: 173,561-A

Law: Sindh Food Stuffs (control) Act, 1958

Section: 3

(a) Penal Code (XLV of 1860)--- ----Ss. 406, 409 & 420---Sindh Foodstuffs (Control) Act (XX of 1958), S. 3---Criminal Procedure Code (V of 1898), S.561-A---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property---Appreciation of evidence---Police (complainant) had alleged that accused, a public servant, issued bardana (bags in which provisions were kept) to unknown trader, thus committed criminal breach of trust---Investigating Officer submitted report in 'C'-Class which was declined by Trial Court---Accused filed application under S.561-A, Cr.P.C.---Validity---No complaint from District Food Officer or any other competent authority against accused was on record---Nothing was mentioned in the record regarding raid at food centre and confiscation of wheat bags along with truck by Police---No misappropriation of wheat stock stored and no shortfall of stock of bardana or issuance of bardana to any unknown contractor was proved from the relevant stock registers---Search and seizure of truck and wheat bags as well as lodgment of FIR, in circumstances, were illegal--- Summary report submitted by Investigating Officer under 'C'-Class was an illegality and material infirmity which called for interference by High Court---Application under S. 561-A, Cr.P.C. was allowed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 173---Power of Magistrate to agree/disagree with summary police report---Scope---Magistrate was competent to accord to or discard summary report submitted by Investigating Officer under S.173, Cr.P.C.---While declining such report Magistrate must apply prudent mind and scan entire material collected by Investigating Officer---Magistrate while declining opinion of Investigating Officer had to keep in mind lengthy trial, mental torment and financial loss of an innocent person. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, J.--- Through instant miscellaneous application, applicant Imdad Hussain has impugned order dated 16.05.2015, passed by the Court of learned Civil Judge and Judicial Magistrate Sobho Dero at Ranipur, whereby summary report submitted by Investigating Officer in C-Class was declined, and…

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