Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.173---Investigation Report---Cognizance by court---Principles---Ipsi dixit opinion of Investigating Officer is not binding upon Court---Trial Court can take cognizance of offences even in case of negative report submitted by police that accusation is baseless and no case is made out against the delinquents. Safdar Ali v. Zafar Iqbal and others 2002 SCMR 63 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss.173, 249-A, 265-K & 561-A---Cognizance by court---Inherent Jurisdiction of High Court---Grievance of accused was that Trial Court had wrongly taken cognizance in the case though the Investigating Officer submitted his report under S.173, Cr.P.C. in 'C' class---Validity---Case of accused was that no such incident had taken place as alleged in FIR but such fact was denied by prosecution---Words against words existed and factual controversies were floating on the surface of record with regard to facts of the case and the same could not be decided by High Court at such a stage---Trial Court had already taken cognizance of the case, the FIR registration in that case could not be quashed and the fate of the case and accused persons challaned therein was to be determined by Trial Court itself---If after taking cognizance of the case by Trial Court, accused deemed himself to be innocent and falsely implicated and he wished to avoid the rigors of trial, then the law had provided him a remedy under Ss.249-A/295-K, Cr.P.C., to seek his premature acquittal from Trial Court if the charge against him was groundless or there was no probability of his conviction---Remedy was available to accused for rederssal of his grievances by approaching to Trial Court for filing proper application in support of his case---Application was dismissed in circumstances. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Through this criminal miscellaneous application, the applicant has assailed the legality and propriety of the order dated 01.08.2015, passed by the learned VIth Judicial Magistrate, Malir Karachi on the report under section 173, Cr.P.C. in "C" Class submitted to him by the Investigation Officer of police station…

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