Law: Criminal Procedure Code (V of 1898)

Section: 173,200

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 324,34

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 200---Submission of challan---Power of Magistrate---Scope---Magistrate could competently agree or disagree with police report---Such act, however, does not prejudice the rights of complainant party to file a complaint even in case of disposal of the case. Bahadur and another's case PLD 1985 SC 62 rel. (b) Criminal trial--- ----Opinion of police---Scope---Ipse dixit of the police was not of any binding effect upon the Magistrate. Syed Paryal Shah v. Behram Ali and 3 others 2012 PCr.LJ 189 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Application under S. 561-A, Cr.P.C. for quashing of order of Magistrate---Magistrate returning charge sheet (challan) for its submission before a Special Court---Scope---Magistrate had neither taken the cognizance of the matter nor had ordered for cancellation of the case, but had simply opined that facts of case involved application of S. 6 of the Anti-Terrorism Act, 1997, which was to be tried by a Special Court---Magistrate had returned the papers (charge sheet) back to Investigating Officer for its presentation before competent court having jurisdiction---Magistrate had left things opened for the Special Court either to agree with the view of the Magistrate or to competently disagree therewith---Said order of the Magistrate having no binding effect, challenge thereto would not be available under inherent jurisdiction of High Court under S. 561-A, Cr.P.C.---Petition being pre-mature, was dismissed, in circumstances. Asfandyar and another v. Kamran and another 2016 SCMR 2084 rel. ORDER SALAHUDDIN PANHWAR, JUSTICE:---.---This criminal miscellaneous application assails order dated 09.02.2018 passed by XXVIIIth Civil and Judicial Magistrate, Karachi East on submission of final charge sheet under section 173, Cr.P.C. in Crime No.2/2018, under sections 324/34, P.P.C., Police Station New Town, Karachi. 2. Brief facts of the case are that complainant Muhammad Arif son of Shah Rehman lodged FIR stating that on 04.01.2018 about 06:15 p.m. he was on his duty at main gate…

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