Law: Criminal Procedure Code (V of 1898)

Section: 190 , 173

(On appeal from the judgment and order of the High Court of West Pakistan Lahore, dated the 10th October 1969, in Criminal Miscellaneous, Nos. 4428, 4429 and 4430 of 1969). Criminal Procedure Code (V of 1898), --Ss. 190 (b) & 173 Magistrate can take cognizance of case even though there be a negative report by police-Additional District Magistrate, held, competent to direct police to submit fresh challan despite fact that Crimes Branch had recommended that there was no care against accused. Falak Sher and others v. The State P L D 1967 S C 425 ref. Date of hearing: 17th December 1969. ORDER WAHIDUDDIN AHMAD, J.-This order will dispose of Criminal Petitions for Special Leave to Appeals Nos. 291, 292 and 293 of 1969, which arise out of an order of the High Court of West Pakistan, Lahore, in Criminal Miscellaneous No. 4430 of 1969, decided on the 10th October 1969. On the 22nd February 1968, a case was registered against Imtiaz Khan and Anwar Hussain under section 392, P. P. C. In the beginning they were granted bail but on the 24th May 1968, the learned Sessions Judge, Jhelum, cancelled the bail of Imtiaz Khan. It is alleged that Imtiaz Khan who was present in Court, wanted to slip out. He was caught hold of by Munawar Khan, Head Constable and was told that he was under arrest. Constable Amir Hussain wanted to handcuff him but he gave a fist blow on the face of Munawar Khan. His com panion Arif whipped out a knife and attacked Munawar Khan which he successfully avoided. It is further alleged that the other companions of lmtiaa Khan, namely, Gulab Khan, Sadiq, Anwar Hussain etc., grappled with Munawar Khan. On these allegations, a case was registered on the 24th May 1968, at Police Station City Jhelum under sections 307/353, 148/149 and 224/225, P. P. C. It appears that on the 24th May 1968, the police proceeded to the house of Arif to arrest him and at the time of his arrest he was found in possession of a clasp knife with a blade 5J" long. The knife was taken possession of and another case was registered against him under section 14 of the Arms Ordinance, 1965, at Police Station City Jhelum. Being dissatisfied with the Investigation, the petiwrs…