Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 169 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Discharge of accused --------- Failure to get bond --------- Effect --------- Complainant was aggrieved of the order passed by Trial Court whereby he affirmed opinion of Investigating Officer whereby accused was placed in Column No. 2 of challan --------- Validity --------- Main theme of S. 169, Cr.P.C. was availability of sufficient or deficient evidence on the basis of which Investigating Officer had to form opinion about guilt or innocence of accused --------- Powers under S. 169, Cr.P.C. were to be exercised by Investigating Officer when he could not find sufficient evidence or when there was reasonable ground or suspicion to justify forwarding of accused, in such circumstances Investigating Officer could place name of accused in Colum No. 2 of challan and thereafter it was the job of Trial Court whether to agree with the opinion of Investigating Officer or not --------- If the Trial Court did not agree with opinion of Investigating Officer it might summon accused placed in Column No. 2 of challan and could treat him as a regular accused by formally charge-sheeting him --------- Only irregularity committed by Investigating Officer/Station House Officer was that he while releasing respondent under S. 169, Cr.P.C. did not obtain his bail bond with or without sureties --------- High Court directed accused to submit bail bond to the satisfaction of Trial Court --------- Petition was dismissed accordingly. Sarwar and others v. The State and others 2014 SCMR 1762 rel. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMMKANI, JUSTICE:---------- Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 "the Constitution" petitioner Mst. Hina Rukhsana, seeks an appropriate writ to declare the order/action of SHO Police Station Akora Khattak, Nowshera whereby arrest of respondent-accused Gul Zarin in a murder charge has been deferred and he has been exonerated/ discharged by invoking the provision of section 169, Cr.P.C. by placing his name in column No. 2 of the…

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