Law: Criminal Procedure Code (V of 1898)

Section: 30,161,173,190,227,561A

Law: Police Rules, 1934

Section: R.24.7

Law: Pakistan Penal Code, 1860

Section: 291,379,384,395

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 395 & 291---Police Rules, 1934, R. 24.7---Dacoity, continuance of nuisance after injunction to discontinue---Application under S.561-A, Cr.P.C. for quashmant of order of Magistrate---First Information Report was initially registered under Ss.395 & 291, Penal Code, 1860 and after completion of necessary investigation the case was sent for trialwhich was onward submitted by Judicial Magistrate to the Court of Session who returned the same to the Judicial Magistrate for trial under S.379 Penal Code, 1860---Magistrate cancelled the FIR under R.24.7, Police Rules, 1934---Validity---Case was sent back to the Judicial Magistrate without any legal justification and Judicial Magistrate without any sanction of law cancelled the FIR under R. 24.7, Police Rules, 1934 which was illegal and unwarranted---Orders of the Judicial Magistrate and Court of Session were set aside by invoking inherent jurisdiction under S.561-A, Cr.P.C. as from the statements of prosecution witnesses recorded under S.161, Cr.P.C. a prima facie case was made out---Case was sent back to Court of Session for trial---Application for quashment was allowed accordingly. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- An FIR bearing No. 01/2015 was registered against the respondents under sections 395/291, P.P.C. on 08.12.2014 at Police Station Basin as evident from the final police report submitted under section 173, Cr.P.C. and available on page 5 of the paper book of the instant case. Accused eight in number namely Abdullah Khan, Ismail, Hashmatullah, Muhammad Farooque, Qambar Ali, Aziz-ur-Rehman, Mashoor Alam and Ibrar Hussain werearrested and later on released on bail by the competent Court of jurisdiction, while accused Zahid, Qurban Shah, Seyal, Bashir Muhammad, Khush Aman,Nazir, Imtiaz, Farhan, Maqsood and Share Muhammad obtained bail before arrest from the trial Court, which was confirmed on 29.06.2015. After completion of necessary investigation the challan of the case was submitted in the court of learned Judicial Magistrate section 30, Cr.P.C. Gilgit. On 03-11-2015 the learned Judicial Magistrate sent the…

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