Law: Criminal Procedure Code (V of 1898)

Section: 173, 190

Criminal Procedure Code (V of 1898) Ss. 173 & 190-Police report-Cognizance of offence-Investigating Officer reporting no case against accused and showing him in Column No. 2 of challan Form-Magistrate, held, nevertheless justified by law in summoning accused to stand trial.   ORDER A case was -registered ate Police Station Pakpattan on 8th January : 1970, under., sections 148, 307 and 365 read with section 149 of the Pakistan Penal Code, against the petitioner and six others. After the completion of the investigation, challan was placed in the Court of Mian Abdul Samad, Section 30 Magistrate, Sahiwal, on 9th July 1970. The report made by the investigating officer under section 173 of the Code of Criminal Procedure revealed, that there was no case against the petitioner. He-was shown in column No. 2: 2. While taking cognizance, the learned Magistrate summoned Muhammad Ali petitioner as an accused person. Dissatisfied with the order of the Magistrate Muhammad Ali filed revision petition in the Court of Mr. Muhammad Rafique Tarar; Sessions Judge, Sahiwal. The learned Sessions Judge finding no merit in the petition; dismissed it and hence this revision petition, which is directed against the order of the learned Sessions Judge, confirming that of the trial Magistrate. 3. I have heard learned counsel for the petitioner. He has raised a novel contention on the basis of the case of J. D. Boywalla v. Sorab Rustom Ji Engineer (A I R 1941 Bom. 294), -that the Magistrate could not act against the police report, without recording his opinion. He should have examined the report and should have recorded his opinion, and given reasons as to why, he was summoning the accused. The case relied upon by the learned counsel, to my mind, has no application to the facts of the case before me. What had happened in that case was that Mr. Boywalla took his car to the garage of Mr. Engineer to get it painted and repaired. When he got 'hack the car, he noticed that the battery had not been properly charged and the car would not start. There was an argument between the parties. Mr. Boywalla contended that he had got the battery recently charged. However, he was told by Mr.…