| Citation(s) |
|---|
| 2026 SLG 4581 = 2026 SLD 4581 = 2026 PLJ 61 |
Lahore High Court, Multan Bench, Multan
W.P. No. 6998 of 2023
Presented By: Asjad Javaid Ghural JUDGE
Mr. Ashfaq Ahmad Malik, DPG for State. M/s. Muhammad Bilal Butt and Samina Nighat Chughtai, Advocates for
Respondent No. 2. Date of hearing: 12.1.2026.
W.P. No. 6998 of 2023
Presented By: Asjad Javaid Ghural JUDGE
Mr. Ashfaq Ahmad Malik, DPG for State. M/s. Muhammad Bilal Butt and Samina Nighat Chughtai, Advocates for
Respondent No. 2. Date of hearing: 12.1.2026.
STATE through Additional Prosecutor General Punjab, Multan--Petitioner
VERSUS
JUDICIAL MAGISTRATE, etc.--Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Law: Code of Criminal Procedure, 1898
Section: 63, 169
Law: Punjab Arms Ordinance, 1965
Section: 13-2(b)
Constitution of Pakistan, 1973-- ----Art. 199--Punjab Arms Ordinance, 1965 (XX of 1965), S. 13-2(b)--Charge of illegal armed discharge--Competency of judicial magistrate--Computerized licence of illicit fire arm-weapon--It had never been case of prosecution that aforesaid license was forged or fictitious one--Since alleged recovered fire arm weapon was licensed one, therefore, accusation against respondent becomes unfounded--Petition dismissed. [Para 4] A Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 63 & 169--Power of judicial magistrate to discharge accused--In this case, very foundation of accusation against respondent has substance--Counsel for petitioner had not been able to point out any illegality of approach, irregularity of procedure or perversity of reasoning in impugned order being unexceptional and, thus, calls for no interference by this Court. [Para 5] B Mr. Ashfaq Ahmad Malik, DPG for State. M/s. Muhammad Bilal Butt and Samina Nighat Chughtai, Advocates for Respondent No. 2. Date of hearing: 12.1.2026. Order Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the State has challenged the legality and propriety of order dated 06.3.2023 passed by learned Judicial Magistrate Section-30, B.Z. Multan whereby accused/Respondent No. 2 (the respondents) was discharged from case FIR No. 571/2023 dated 05.3.2023, in respect of offence under Section 13-2(b) of the Punjab Arms Ordinance, 1965, registered at Police Station, B.Z. Multan. 2. Learned counsel for the petitioner submits that the petitioner was arrested red handed while carrying illicit arm having no valid license; that learned Judicial Magistrate…