Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------Ss. 561-A, 249-A & 265-K --------- Penal Code (XLV of 1860), Ss.324, 392 & 34 --------- Qatl-i-amd, robbery, common intention --------- Inherent powers of High Court under S.561-A, Cr.P.C. --------- Scope --------- Accused impugned legality of order of Magistrate whereby submission of challan against accused was ordered --------- Contention of accused was that Investigating Officer conducted inquiry and came to conclusion that no case was made out and he submitted the report before Judicial Magistrate for its disposal which was not agreed to by Magistrate and Magistrate without assigning any cogent reason ordered for submission of challan --------- Validity --------- Magistrate was not bound to report submitted before him by Investigating Officer as he had to apply his judicious mind while deciding summary after considering material points --------- Opinion of Investigating Officer could not be accepted to exonerate the accused from commission of offence and when Trial Court had taken cognizance of a case, FIR could not be quashed and fate of case and of accused persons challaned therein, was to be determined by Trial Court itself --------- Accused person, in such circumstances, could avail remedy under S.249-A or 265-K, Cr.P.C., whatever the case may be to seek his premature acquittal, if the charge was found to be groundless or there was no possibility of his conviction --------- Application was dismissed, accordingly. Mst. Qudrat Bibi v. Muhammad Iqbal and another 2003 SCMR 68 and Director General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan PLD 2013 SC 401 rel. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---------- Through this Crl. Misc. Application, the applicants have assailed the legality and propriety of the order dated 25.4.2015 passed by the learned Civil Judge and Judicial Magistrate, Lakhi in Crime No. 23/2015, Police Station Lakhi Ghulam Shah under sections 324, 392 and 34, P.P.C., whereby the learned Civil Judge and Judicial Magistrate passed impugned order on summary submitted before him in 'B' class by the I.O. of the case and he did not agree with…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492