Law: Criminal Procedure Code (V of 1898)

Section: 173,190,561A

Law: Pakistan Penal Code, 1860

Section: 324,334,337-A(i),337-F(i),506

(a) Criminal Procedure Code (V of 1898)--- ----S. 173---Power of Magistrate to agree or disagree with police report submitted under S. 173, Cr.P.C.---Scope---Such report, submitted before the court, was not binding---Magistrate was empowered to agree with such report or to form contrary view after scrutiny of the entire material available before him---Not necessary for a Magistrate to dispose of every report produced before him under S. 173, Cr.P.C. with a detailed order after discussing every aspect of the case. Falak Sher and another v. The State PLD 1967 SC 425; Muhammad Sharif and 8 others v. The State and another 1997 SCMR 304 and Safdar Ali v. Zafar Iqbal and others 2002 SCMR 63 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 190, 173 & 561-A---Penal Code (XLV of 1860), Ss. 324, 334, 337-A(i), 337-F(i) & 506---Attempt to commit qatl-i-amd, itlaf-i-udw, shajjah-i-khafifah, damiyah, criminal intimidation---Cognizance of offence by Magistrate---Agreement with police report---Police had submitted its report under S. 173, Cr.P.C. and requested the disposal of case under C-class---Scope---Complainant had reported the incident to the police in which his brother had received serious injuries allegedly caused by the officials of the SEPCO---Happening of incident was not denied but not as narrated by the complainant in the FIR---Record showed that injured had himself put his hand on the electricity line in which 11,000 KV current was passing---Allegation of complainant was not conceivable that proposed accused had persuaded the injured, who was a layman, to work on high powered line---Complainant, during investigation, had not produced any instrument necessary for working on high powered electricity lines or any certification of his competence---Circumstances established that injured had himself tried to interfere with the high-powered electricity lines with some ulterior motives---Magistrate had passed the order after proper scrutiny of the available material---Application under S. 561-A, Cr.P.C. was dismissed accordingly. THIS ORDER PASSED BY: FAHEEM AHMED SIDDIQUI, JUSTICE:---.--- By filing the instant miscellaneous application, the applicant has…

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