Law: Criminal Procedure Code (V of 1898)

Section: 63,561A

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 63---Discharge of person apprehended---Application for setting aside discharge order--- Police opinion--- Scope--- Accused/ respondents, during the investigation, were not found involved in the commission of offences---Judicial Magistrate discharged the accused/respondents on police report---Validity---Held, complaint would require the evidence to be adduced during the trial---Complainant could not be precluded from leading evidence, which might implicate the accused/respondents during the trial---Accused/respondents had also shown their willingness to face the trial---Petition under S. 561-A, Cr.P.C. was disposed of accordingly. Engineer, Bashir Ahmad v. Senior Superintendent of Police Islamabad 2002 SCMR 239; Hidayatullah v. The State 2006 SCMR 1920 and The State v. Ubaidullah 2005 MLD 1883 ref. Ashiq Hussain v. Sessions Judge Lodhran PLD 2001 Lah. 271 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- pon registration of the case FIR No. 215 dated 10.6.2016 under sections 440, 379, 148, 149, P.P.C. registered at Police Station Sheringal District Dir Upper, it pertains to the report of Said Afzal, the Petitioner herein. Under narration of the facts that the parties belong to Qwanj Sheringal, the complainant is owner of the extensive properties both constructed and un-built properties and some time before the accused/Respondents by leaving their cattles in the wheat crops had damaged the said crops and also cut 3/4 walnut trees. This occurrence was reported to the Court but even then later this offence was repeated and when the complaint was lodged for the second time against these accused/Respondents proceedings under section 427, P.P.C. were initiated in which the next date of proceedings was fixed for 07.06.2016. When on 01.06.2016 at 7:00 a.m. the Respondents duly armed entered in the wheat crops and cut the same and in this way had caused a lot of loss to the complainant. As the offence under the covered sections 379,440 have been committed, therefore, the Respondents are to be prosecuted. 2. During the investigation, the police officials recommended the accused-Respondents Mian Zarin,…

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