Law: Criminal Procedure Code (V of 1898)

Section: 63

 (I)   Criminal Procedure Cede (V ©f 1898)— —-—S. 63—Person apprehended—-Discharge of — Order of — Held : Import of order under S. 63 being none other thaa release of accused person from custody such order in no way to be interpreted as cancel­lation of case or stopping of investigation. [P. 256 '] A (ii)   Criminal Procedure Cod* (V of 1898)— ----- -Ss 63 & 439-A—Order of discharge—Challenge to—Revision- Competency of—Held : Order of discharge under S. 63 being only administrative order, same not to be interpreted to be order of closing investigation and not to be susceptible to interference in revision. [P. 25?] C (HI) Criminal Procedure Code (V of 1898)— ——S. 63—Discharge—Order of—Effect of—Police found not justified in arresting accused—No justification even found for remanding accused to custody—Held : Magistrate to be competent to direct release of accused person even without formal bail order—Held Far­ther Relief to be effectively granted by Magistrate to person arrested or detained without sufficient cause—Investigation, however, not to be smothered and to go on in accordance with law until police submits final report. [P. 257] D (iv) Pakistan Pens! Code (XLV of I860)— ——S. 182 read with Criminal Procedure Code (V of 1898)—S. 63— Discharge of person apprehended — Effect of— Perjury—Offence-Magistrate while ordering discharge of accused under S 63 of Crimi­nal Procedure Code also initiating action against complainant under S. 182, Pakistan Penal Code—Held : Order (of initiation of proceed­ings under S. 182 PPC) to be premature before completion of investi­gation by police. [P. 257] E (?) Investigation— ------ Proceedings before police—Interference with—Held :  Proceedings before police in investigation being proceedings  over  which     Magis­trate alone to have control, no interference to be made with  same by police. [ P. 256] B    (?j)…