Law:

Section:

Penal Code (XLV of 1860)-- ----S. 302/34---Constitution of Pakistan (1973), Art.199---Constitutional petition---Reinvestigation of case---Case had been registered at the direction of High Court---Complainant having not been issued any notice had been condemned unheard---Statements of some of the witnesses recorded under 5.164, Cr.P.C. were not enough for exonerating the accused---Although investigation in the case was not yet complete, report for the discharge of the accused was prepared by the S.H.O. which was verified by the D.S.P. and agreed to by the Area Magistrate---No effort had been made for the recovery of the Klashinikov allegedly used by the accused in killing the deceased---Even otherwise Klashinikov being a scheduled weapon under the Suppression of Terrorist Activities (Special Courts) Act, 1975 and the Anti-Terrorism Act, 1997, Area Magistrate had no jurisdiction to discharge the accused and pass the impugned order arbitrarily in a mechanical and perfunctory manner---Impugned order was consequently set aside directing fresh investigation in the case by the Crimes Branch in accordance with law. JUDGMENT Muhammad Akram deceased was the son of Muhammad Aslam writ petitioner. Making the allegation that Ghulam Qadir, Head Constable respondent No.4, Bashir Ahmad Constable respondent No.5 each armed with rifle and Ijaz Ahmad Constable respondent No.6 armed with Klashinikov fired at Muhammad Akram who expired; Muhammad Aslam, writ petitioner filed previous Writ Petition No.16227 of 1996 on 14-9-1996 against the S.H.O., Police Station Pattoki, District Kasur respondent No.3 as well as respondents Nos. 4 to 6 to get registered a criminal case against the aforesaid assailants. The writ petition was resisted by the concerned respondents. However, the same was accepted on 29-7-1997 and in compliance of the order F.I.R. No.259, dated 29-7-1997 was registered at Police Station City Pattoki, District Kasur under section 302/34, P.P.C. The three accused persons were arrested by the S.H.O. on 29-7-1997. Para. 13 of order dated 29-7-1997 has to be referred to:- "13. The S.H.O. shall proceed in the matter as under (i) He shall obtain the physical remand of the three…

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