Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Criminal Procedure Code (V of 1898)

Section: 63,173

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   --5.302/34--Criminal Procedure Code (V of 1898), Ss.63 173-­Constitution of Pakistan (1973), Art. 185(3)--Discharge of accused under S.63, Cr.P.C.--,Effect of--Accused under 5.302/34, P.P.C. found innocent by Police investigations, placed in column No.2 and discharged by Illaqa Magistrate--Sessions Courts order summoning them for trial, impugned--Plea raised that accused-petitioners could not be mechanically summoned by Sessions Court unless first evidence was recorded and in the light of such evidence trial Court deemed it proper to summon them--Held: Challan against petitioners had not been cancelled by placing them in column No.2, it only meant that according to police investigation they were found innocent, and therefore, they were discharged under S.63, Cr.P.C. which did not mean that they could not be summoned to stand trial--Petition being without substance, leave to appeal refused.   Muhammad Alam and another v. Additional Secretary to Government of N.-W.F.P., Home and Tribal Affairs Department and others P L D 1987 S C 103 and Raja Khushabakhtur Rehman and another v. The State 1985 SCMR 1314 ref. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by the petitioners and is directed against the judgment passed by the Lahore High Court, Lahore dated 27th March, 1988 in criminal revision. Briefly the position in this case is that a case is registered against the petitioners and Muhammad Rafiq under section 302/34, P.P.C. It was investigated by 3 different investigating agencies, first by A.S.-I., then by S.I. and thereafter by A.S.P. They found the petitioners innocent of the offence and recommended that their names be placed in column No.2. Thereafter fourth investigation was carried out by A.S.P., Multan who too was of the opinion that they were innocent and that their names should be placed in column No.2. Then another investigation was conducted by D.S.P. Crimes Branch who also and the same opinion. On the basis of the consistent findings of these investigating officers a report under section 173, Cr:P.C. was filed before the Illaqa Magistrate in which the petitioners were shown in column…

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