Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 204 & 249-A---Opinion formed by Magistrate while summoning an accused under S.204, Cr.P.C. is of tentative nature and cannot be termed as in the eye of law as contemplated by S.369, Cr.P.C., which can be reconsidered at any stage and Magistrate after hearing the arguments and perusing the record would still be competent to form his opinion to the effect whether the charge is groundless or whether there is any possibility of conviction in the case. 1991 MLD 951 ref. (b) Penal Code (XLV of 1860)--- ----S. 380/457---Criminal Procedure Code (V of 1898), S.417(2)---Petition for special leave to appeal---Delay of more than one month in lodging the F.I.R. was not explained and the same coupled with the admitted background of enmity showed the proceedings to have been taken for ulterior motive and not for the advancement of justice---Police had also found the F.I.R. to be false and frivolous recommending- action against the complainant under 5.182, P.P.C: --Order of Magistrate acquitting the accused was based upon sound appreciation of factual as well as legal position and was not open to any legal exception---Petition was dismissed in limine accordingly. 1991 MLD 951 ref. ORDER This is a petition under section 417(2), Cr.P.C., for grant of Special Leave to Appeal against the order dated 15-2-1993, of the learned Assistant Commissioner/Sub-Divisional Magistrate, Pattoki, whereby he dismissed the complaint of the petitioner filed against the respondents under section 380/457, P.P.C. and acquitted the respondents. 2. The facts giving rise to this petition are that the petitioner lodged F.I.R. No.366/91, dated 5-6-1.991, under section 380/457, P.P.C. and section 14 of Ordinance VI of 1979, at Police Station Pattoki against the respondents. The police after investigation finding the respondents innocent got them discharged and recommended for taking action under section 182, P.P.C., against the petitioner.. Aggrieved by that order, the petitioner filed the aforesaid complaint. The learned Magistrate after recording the preliminary evidence summoned the respondents under section 380/457, P.P.C. vide his order dated…

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