Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.302, 324, 114, 120-B, 147, 148 & 149---Qatl-e-amd, attempt to commit qatl-e-amd and criminal conspiracy---Quashing of order---Application for---Two rival F.I.Rs. were lodged, one by the complainant and other by accused---Magistrate concerned in the impugned order observed that as prosecution witnesses in the case of the complainant had given incriminating evidence against accused persons shown in the F.I.R. and offence being exclusively triable by the Court of Session, let the final report be sent to District Judge concerned---No justification was available to interfere with impugned order passed by the Magistrate as he had exercised his jurisdiction, discretion and had taken the cognizance for which he was fully competent---Trial Court was to decide that which set of accused was guilty and who were innocent which would be decided after conducting trial on merits---Application for quashment was dismissed. 2004 PCr.LJ 1023; 2002 SCMR 63 and PLD 1967 SC 425 ref. ORDER ABDUL HADI KHOSO, J.---This is an application under section 561-A, Cr.P.C. filed on behalf of the applicants/ accused Muhammad Rahim son of Darhoon Chandio, Latif son of Uris Chandio, Muhammad Saleh son of Urs, Niaz son of Soomar Chandio, Muhammad sharif son of Peer Bux Chandio, Muhammad Siddique son of Imam Bux Chandio, Ghulam Mustafa son of Ahmed, Pir Mehmboob Shah Rashidi son of Pir Fazal-ul-Haq Shah Rashidi and Muhammad Umar son of Allah Bux Chandio, praying that the impugned order dated 2-11-2009 passed by the Court of learned civil Judge and Judicial Magistrate Tando Bago, in connection with Crime No. 49 of 2009 of Police Station Tando Bago, under sections 302, 324, 114, 120-B, 147, 148 and 149, P.P.C. be set aside. 2. The facts as stated in the petition are that complainant Ali Gul son of Bukhshal Khoso, lodged F.I.R. No.49 of 2009 at Police Station Tatajlo Bag stating that he is resident of village Pir Bux Khoso, Taluk Saeeabad, District Matiari. One Pir Mehboob Shah, the zamindar, who is resident of their vicinity, had advised him, his father Bukhshal and others to accompany with him to the land situated…

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