Law: Criminal Procedure Code (V of 1898)

Section: 435, 436

Criminal Procedure Code (V of 1898) Ss. 435 Br 436---Revision-Criminal trial-Discharge of accused--Proceedings before Magistrate before taking cognizance of offence on police report Not judicial proceedings-Discharge order passed (luring, such proceedings Not a judicial order open to revision-District Magistrate remanding case of such discharge to Magistrate for trial-Order of remand, held, not justified and set aside. Muhammad Ishaq Khan v. Abdul Hamid Khan etc. P L D 1958 Azad J & K 42 and Wazir v. State P L D 1962 Lah. 405 rel. Dates of hearing : 7th and 8th April 1970:   JUDGMENT This revision petition preferred - by Muhammad Farid, Muhammad Murid sons of Inayat Ullah and 'Muhammad Ali son of Fateh Muhammad, is directed against the order of the District Magistrate, Sheikhupura, dated 23rd July 1962. 2. The facts of the case briefly are, that a case under section 307 read with sections 149 and 148 of the Pakistan Penal Code was registered at Police Station, Narang, on 12th October 1961, at the instance of Noor Muhammad respondent No. 2 bearing F. I. R. No; 91; alleging that he and Atta Muhammad had been injured by the petitioners. A cross case under section 302 of the Pakistan Penal Code, bearing F. I. R. No. 90 of 1961, was registered at the same police station, in which aforesaid Atta Muhammad was one of the accused. After investigation, the police came to the conclu sion, that the party of Noor Muhammad complainant was the aggressor and that the challan should be submitted against that party in Court. It was also found, that the case against the petitioners was not proved and as a result, on a report made by the police, Mr. Muhammad Shaukat Tarar, Section 30 Magistrate, Sheikhupura, passed an order discharging the petitioners on 10th February 1962. 3. Aggrieved with the aforesaid order of discharge, Noor Muhammad complainant filed a revision petition under sections 435 and 436 of the Code of Criminal Procedure, in the Court of District Magistrate, Sheikhupura, who by his order dated 23rd July 1962, now being , impugned, set aside the order of discharge and remanded the case to the Court of Malik Abdul Hamid, Section 30 Magistrate,…