Law: Criminal Procedure Code (V of 1898)

Section: 63,173,167,561-A

Law: Constitution of Pakistan, 1973

Section: 199

Law: Penal Code (XLV of 1860)

Section: 489-F

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 63, 173, 167 561-A---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of High Court---Scope---High Court (Lahore) Rules and Orders Vol. III Chapter 11, Part-B, R. 6---Discharge of apprehended person on order of Magistrate----Nature of order of discharge under S. 63, Cr.P.C.---Adjudication by Judicial Magistrate under S. 63, Cr.P.C.---Scope---Cancellation of a case was totally different from discharge of an accused person as former terminated further investigation by police while latter did not---Word discharge used in S. 173, Cr.P.C. was used in a different sense as it was used in respect of bond, while the same was used in S. 63, Cr.P.C. in respect of arrest---High Court observed that while making order for discharge under S. 63, Cr.P.C., Magistrate must his mind to facts and circumstances of a case and should be honest fair and just to accused as well as prosecution; and inter alia, take into consideration nature of allegation(s) against accused, evidence collected or likely to be collected and defence plea of accused as well as any evidence accused had produced in respect thereof and additionally should examine police diaries and record reasons for his opinion---Validity of an order for discharge of an accused did not depend on period such accused had been in custody of police and time taken by police to investigate a case however, Magistrate should not act in haste and see to it that his order for discharge did not nip the prosecution case---Such order for discharge of an accused was an administrative and not judicial order and was not amenable to revisional jurisdiction but in appropriate cases could be challenged under S. 561-A, Cr.P.C. or through Constitutional petition seeking writ of certiorari; which was to be a check against arbitrariness on Magistrates part---Subject to R. 6 of Rules and Orders of the Lahore High Court, Vol. III Chapter 11 Part-B, Magistrate could discharge an accused even suo motu when such accused was produced before him for remand under S. 167, Cr.P.C. Nazir Ahmad v. The State PLD 1987 Lah. 236; Muhammad Waseem v. Additional Sessions Judge, Dera Ghazi Khan and 3…

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