Law: Governor-Criminal Procedure Code (V of 1898)

Section: 173,190,561A

Law: Penal Code (XLV of 1860)

Section: 353,186,269,270,34

Criminal Procedure Code (V of 1898)-------S. 561-A---Penal Code (XLV of 1860), Ss. 353, 186, 269, 270 & 34--Inherent power of High Court---Scope---Judicial Magistrate on final report submit by the Investigating Officer in a case registered under Ss.353, 186, 269, 270 & 34, P.P.C, directed that the report under S.173 Cr.P.C be returned to the Investigating Officer for presentation before the Intellectual Property Tribunal--Validity---Under the law, the Magistrate cannot ask the SHO/Investigation Officer to submit the report under S.173, Cr.P.C. in a particular manner, i.e. against the persons he desired or in respect of such offenses that he wishes--However, if Magistrate finds that the Investigating Officer has not investigated the case on the subject point involved in the matter, he may direct the Investigating Officer to conduct further investigation and submit a report after its conclusion---Directly saying that the matter pertained to particular jurisdiction without taking cognizance and framing the point of determination, did not align with Ss.173 and 190, Cr.P.C., therefore, the impugned order dated 26.06.2024 to the extent of returning the report under S.173, Cr.P.C. to Investigating Officer for presentation before the concerned forum/Court was set at naught---Criminal Miscellaneous Application stood disposed of with directions to the Trial Court having jurisdiction to proceed with the case and decide the fate of the case in accordance with law.Ch. Muhammad Anwar Samma and others v. The State 1976 SCMR 168 and Shahzeb and others v. The State 2016 SCMR 1740 rel.Date of hearing: 15th July, 2024.ORDERADNAN-UL-KARIM MEMON, J.---The applicants Fahad Ahmed Gulzar and Gulzar Ahmed have filed this Cr. Misc. Application under Section 561-A Cr.P.C against the order dated 26.06 2024 passed by the learned XXI Judicial Magistrate Karachi East on final report submitted by the Investigating Officer in Crime No. 151 of 2024 registered for offense under Sections 353, 186, 269, 270/34 P.P.C. of PS PIB Colony Karachi, whereby the report under Section 173 Cr.P.C was returned to the Investigating Officer for presentation before the Intellectual Property Tribunal…