Law: Criminal Procedure Code (V of 1898)

Section: 156,157,158,173,561A

Law: Pakistan Penal Code, 1860

Section: 182,182A,489-F

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 156, 157 & 158---Investigation---Opinion of Investigating Officer---Scope---Courts were not bound by arbitrary opinions of the Investigating Officer--Court had to apply its independent mind to the facts and circumstances of each case---Court could take cognizance even on negative report; and could refuse to take cognizance on positive report, depending upon facts and circumstances of each case. (b) Criminal Procedure Code (V of 1898)--- ----S. 173---Report of Police Officer---Powers of Magistrate---Scope--Magistrate while exercising his powers under S.173, Cr.P.C., would not act in a mechanical manner; his order must show his application of mind; his opinion must be supported by reasons; and his conclusion must be laced with evidence that judicial mind had been applied-In the present case, though the Magistrate was required to apply his judicial mind, but the order passed by him was not a judicial order, but was an administrative order---Such order in spite of being an administrative order, must be a judicious order. (c) Penal Code (XLV of 1860)--- ----Ss. 489-F & 182---Criminal Procedure Code (V of 1898), S.561-A---Dishonestly issuing a cheque, false information with intent' to cause public servant to use his lawful power to the injury of another person---Quashing of order, application for---In the present case, Judicial Magistrate, rather than dilating upon the facts brought before him, had gone astray and decided the matter on extraneous grounds and had totally ignored that the complainant had admitted that cheque in question was not given to her by the applicant/accused, but by another one, who had also not come forward to assist in the proper investigation of the case---Opening of Bank account in the Bank was also shrouded in mystery as the applicant never visited the said Bank---All those facts, prima facie, had shown that applicant was trapped - by fraudulent means---In case applicant could prove that exercise of lodging F.I.R. was a sham, then he was fully entitled to the mechanism provided under S.182, P.P.C., so that all those involved in that fraudulent transaction were brought to…

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