Law: Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006

Section: 9(4), 9(5), 9(6), 9(7), 12(2), 13(9)(b), 17

Law: Code of Criminal Procedure, 1898

Section: 173, 203, 249, 249A, 265D, 265K, 344

Law: Pakistan Penal Code (PPC),1860

Section: 337-A(i), 337-F(v), 34

Tagline Where a Magistrate concurs with a prosecutor's opinion that a case is not fit for trial under Section 9(7) of the CPS Act, the Court must pass an appropriate judicial order—commencing trial, discharging, or acquitting the accused—and cannot merely consign the case to the record.  Summary The petitioner was not summoned to face trial after the prosecutor submitted a Case Review Report under Section 9(7) of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, opining that there was insufficient evidence. The Magistrate accepted the prosecutorial opinion and consigned the case to the record without discharging or acquitting the petitioner. When the petitioner later sought a character certificate, the FIR continued to appear as pending. His request for acquittal under Section 249A Cr.P.C. was dismissed by the Magistrate and the Revisional Court. The High Court held that once the Court concurs with the prosecutor that a case is not fit for trial, it must pass a proper judicial order under Section 249 Cr.P.C. (discharge) or, where applicable, Section 249A Cr.P.C./Section 265K Cr.P.C. (acquittal), instead of merely consigning the case to the record. The impugned orders were set aside, and the Magistrate was directed to revive the case and pass a lawful order after hearing the prosecution. ORDER; In the present matter, the prosecution submitted a Case Review Report under Section 9(7) of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 (“CPS Act”) before the learned Magistrate, wherein it was opined that sufficient evidence was not available to prosecute the petitioner in FIR No. 275 dated 27.09.2019, registered under Sections 337A(i), 337F(v), and 34 PPC at Police Station Kohna, District Khanewal. Concurring with the opinion of the concerned Prosecutor, Ms. Saba Razzaq, the learned Magistrate 1st Class, Khanewal, vide order dated 07.01.2020, declined to issue process against the petitioner and consigned the case to the records. Subsequently, the petitioner applied for issuance of a character certificate before the police authorities but was informed that…