Law: Criminal Procedure Code (V of 1898)

Section: 107,112,117,561-A

  Criminal Procedure Code (V of 1898)-----Ss. 107, 112 & 117 Magistrate ordering inquiry in case under S. 107 - Not bound to accept report made by police-Competent to issue summons to opposite party in spite of favourable report from police.   Criminal Procedure Code (V of 1898)-----Ss. 107 & 561-A Serious allegations in information laid under S. 107-Magistrate issuing summons to opposite-party-Order cannot be interfered with in application under S. 561-A.   ORDER   This application under section 561-A read with sections 439 and 435, Criminal Procedure Code, has been made by Abdur Rahim, Yaqub, Mst. Saeedan and Siddique against an order passed by Syed Aftab Husain, Additional City Magistrate, Karachi, under section 112, Criminal Procedure Code, on a complaint (Exh. B) filed before him by Mst. Umar Elahi under section 107 read with section 117, Criminal Procedure Code. The order referred to above is to the effect that the summonses should be issued to the opponents (the applicants in the present case) for appearance before him on the 8th of June 1964.   It is, first of all, contended by the learned counsel for the applicants that the learnedtrial Magistrate had chosen to order the issue of summonses against the applicant-opponents, in spite of the fact that the report made by the police officer concerned was in their favour. It can hardly be controverted that he was not bound to accept the opinion expressed by…