Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 173---Report of police officer---Complainant impugned the order passed by Judicial Magistrate whereby summary report submitted by the Investigating Officer under "B" class was approved---Complainant lodged FIR with the delay of thirteen days for which no plausible explanation had been furnished---No empty was recovered from the spot nor any injury was sustained by the complainant party nor any medical certificate had been placed on record by complainant to substantiate the allegation of maltreatment---Admittedly parties were under litigation for the custody of child and accused were facing litigation pending before the courts---Allegation of stealing of money from the pocket of complainant after a quarrel did not attract prudent mind---Complainant had failed to point out any partial attitude of the Investigating Officer that he had not carried out investigation by fair means or he had not recorded statements of his witnesses properly or recorded statements incorrectly or did not consider the documentary evidence produced by him connecting the accused regarding commission of the alleged offence---Magistrate had ample powers under S. 173, Cr.P.C. to scan the entire material placed before him in shape of summary report by the Investigating Officer including averments of FIR, statements recorded under S. 161, Cr. P. C. and other relevant material and pass appropriate order by applying his judicial mind either accepting or declining such report---Impugned order transpired that Magistrate had discussed the involved aspects and passed speaking order which was just and proper and did not call for any interference---Constitutional petition was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 173---Report of police officer---Scope---Investigating agency had no authority to decide the guilt or innocence of accused. Anwar Shamim v. State 2010 SCMR 1791 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 173---Report of police officer---Scope---Magistrate had ample powers under S. 173, Cr.P.C. to scan the entire material placed before him in shape of summary report by the Investigating Officer…

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