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Penal Code (XLV of 1860)--- ----Ss. 392, 506-B, 504 & 34---Criminal Procedure Code (V of 1898), S.190---Robbery, criminal intimidation, intentional insult with intent to provoke breach of peace, common intention---Powers of Magistrate---Investigating Officer submitted final report under 'B' class, but Magistrate did not agree with such report and directed the Investigating Officer to submit final report under S.173, Cr.P.C., in prescribed form---Petitioner feeling aggrieved by said order of the Magistrate had filed constitutional petition for setting aside order of Magistrate and directing him to accept the report of Investigating Officer under 'B' class---Complainant and prosecution witnesses had implicated petitioner in FIR and in their statements under S.161, Cr.P.C. ---Duty of Investigating Officer was only to collect evidence, not to decide the case---Magistrate was very much empowered under S.190, Cr.P.C., to take cognizance of the offence and he was not bound to accept the investigation conducted by Police---Magistrate had to apply his judicious mind and was very much competent to take cognizance of the offence on the final report---Impugned order being just, proper and based on overwhelming findings, no interference by High Court was called for. Safdar Ali v. Zafar Iqbal and others 2002 SCMR 63 and Muhammad Farooq v. Ahmed Nawaz Jagirani and others PLD 2016 SC 55 rel. THIS ORDER PASSED BY: SHAMSUDDIN ABBASI, J.--- Petitioner has assailed the order dated 19.09.2016, passed by the learned Civil Judge/Judicial Magistrate-IX, Malir, Karachi, in FIR No.352 of 2016 under Sections 392, 506-B, 504 and 34, P.P.C. registered at Police Station Shah Latif Town, Karachi, on the final report submitted by investigating officer under 'B' class, whereby the learned Magistrate did not agree with such report and directed the investigating officer to submit final report under Section 173, Cr.P.C. in a prescribed form within 10 days. 2. Feeling aggrieved by the aforesaid order, the petitioner has filed this petition for setting aside order dated 19.09.2016 and direction to the Respondent No.1 to accept the report of investigating officer under 'B' class. 3. Precisely,…

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