Law: Criminal Procedure Code (V of 1898)

Section: 561A,173,190(1)

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Criminal Procedure Code (V of 1898)-------Ss. 561-A & 173----Penal Code (XLV of 1860), Ss. 302, 148 & 149--Quashing of proceedings---Alternate remedy---Scope---Judicial Magistrate took cognizance of the report under S. 173, Cr.P.C submitted by the police, and the applicant, who was let-off during investigation, was joined and non-bailable warrants were ordered to be issued---Validity---Admittedly, the applicant was nominated in the FIR with specific role of causing injuries to the deceased--Besides, the offence with which the applicant had been charged was exclusively triable by the Court of Session and carried capital punishment, therefore, the Judicial Magistrate after taking cognizance had submitted the case papers to the Court of Sessions as required by S.190(1), Cr.P.C which was the ultimate Court of trial, where it had been instituted---However, after assigning number to it, the case had been assigned to Additional Sessions Judge (Trial Court)---Trial Court had also taken cognizance of the offence---Since the impugned order had been acted upon and had attained finality, hence it was not in existence or in the field--Application was not maintainable and had become infructuous---Conse-quently, the application was dismissed---After taking cognizance by the Trial Court, alternate remedy was made available for the applicant which could be availed if so advised.Date of hearing: 8th April, 2024.ORDERMUHAMMAD SALEEM JESSAR, J.---Through this application, applicant has called in question the order dated 25.08.2023, passed by Civil Judge and Judicial Magistrate-1, Kandhkot, whereby while taking cognizance on the report under section 173. Cr.P.C. submitted by the police, the applicant, who was letoff during investigation, was joined and NBWs were ordered to be issued against him.2.    It appears from the record that applicant Hafeezullah Bajkani was nominated under FIR No.48/2023 registered with Police Station Ghouspur, for offences punishable under Sections 302, 148, 149, P.P.C. During investigation, he was found innocent, therefore, was let-of by the police and was placed under column No.2 of the challan. Such report in terms of Section…