Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 173,173(1),190

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1898, S. 173--Registration of FIR--Submission of discharge report before Magistrate--Order for reinvestigation--Obligation of police--Challenge to--It is well-settled that a report submitted by police officer U/S. 173 Cr.P.C, is not binding on court--Magistrate is competent to pass any order on report submitted by investigating officer and take cognizance of offence or even order for further investigation--In present case, learned Snior Civil Judge/Judicial Magistrate has applied her mind to facts and circumstances of case and has passed order giving reasons of disagreement with report of investigating officer--Learned counsel for petitioners has not been able to point-out any illegality in impugned order showing disagreement with report of investigation officer and to further investigate case in light of observations of Regional Review Board--We do not find any illegality or irregularity in impugned order which is hereby upheld--Petition was Dismissed. 1997 SCMR 299 & 2010 YLR 3288, ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.- Javed and others, the petitioners in this case have filed this Constitutional petition filed U/A-199 of the Constitutional of Islamic Republic of Pakistan 1973, the petitioners have impugned the order dated 16.01.2019, passed by the learned Senior Civil Judge/ Judicial Magistrate, Lakki Marwat in crime No. 475 dated 21.7.2016 registered U/Ss. 354/452/337-F(V)/148/149, whereby recommendation/request of the investigating officer to discharge the accused was turned down and he was directed to further investigate the case in the light of observation of the Regional Review Board dated 07.02.2017 and thereafter submit the report U/S. 173 Cr.P.C. 2. The facts of the case, in brief, are that the complainant Munawar Khan had lodged an FIR on 21.7.2016 at PS Lakki Marwat alleging that at about 05:00 hours, he was busy in reciting the Holy QURAN in his home, in the meanwhile, his neighbors threw stones from his house into his home and at once, accused Javed Alias Fouji, Hameedullah sons of Taj Muhammad, Pervaiz, Hameedullah, Waheedullah sons of Noor Muhammad, Momin…

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