Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 190 & 173---Cognizance of offence by Magistrate---Report of police officer---Discharge of accused by Magistrate on police report---Scope assailed order of Magistrate whereby the case was disposed of under 'C' class---Validity---Serious allegations had been levelled against the respondents, who by dint of weapons entered into the house of the petitioner; issued murderous threats; violated the principle of "chadar and char deewari"; made aerial firing; took away 25 maunds wheat and other household articles with them---Allegations of petitioner also found support from the statements of the prosecution witnesses recorded under S. 161, Cr.P.C.---Neither Investigating Officer nor the Magistrate had appreciated the evidence---Magistrate had passed impugned order by wrongly giving weight to the statements of defence witnesses and had accepted the summary under 'C' class blindly and without assigning any cogent/valid reason, which could not be approved---Ipse dixit of Investigating Officer could not be accepted to exonerate the accused from the commission of the offence---No reasonable ground or justification was available to disbelieve the evidence of the prosecution witnesses at initial stage of the case---Constitutional petition was allowed and the impugned order was set aside. (b) Criminal Procedure Code (V of 1898)--- ----S. 190---Cognizance of offence by Magistrate---Scope---Court, at initial stage, has to make tentative assessment of the material collected by Investigating Officer---Passing of exhaustive order by dilating upon each and every aspect of the matter is not necessary---Detailed and deeper appreciation is to be made at the stage after recording the evidence. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 190 & 161---Cognizance of offence by Magistrate---Examination of witnesses by police--- Discharge of accused by Magistrate on police report---Scope---Where prosecution witnesses have fully implicated the accused in their statements recorded under S. 161, Cr.P.C., Magistrate cannot discharge the accused on the basis of police opinion. Abdul Hameed v. State PLD 1997 Lah. 164 rel. (d) Criminal…

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