Law:

Section:

(a) Penal Code (XLV of 1860)--­ ----S. 302/324/188---Criminal Procedure Code (V of 1898), S.169---Constitution of Pakistan (1973), Art. l99---Constitutional petition---Discharge of accused---Validity---Accused soon after the occurrence went into hiding and fraudulently succeeded in obtaining transit pre-arrest bail orders for four times from the Courts of different jurisdiction without disclosing the proceedings of previous bail applications---Range Inquiry Panel, therefore, had no authority to recommend for the discharge of accused under S.169, Cr.P.C.---Powers under S.169, Cr.P.C. could only be exercised by the police during the course of investigation if accused had been in their custody which was a condition precedent for invoking the provisions of the said section---Accused admittedly was a fugitive from law and the Courts, hence S.169, Cr.P.C. could not be pressed into service in case of the absconding accused---Accused having already been placed in column No.2 of the chafan, investigation declaring the accused to be innocent was not of much value as the Court was not bound to follow and act upon the same and was at liberty to look into evidence qua his guilt or innocence---Proceedings under 5.169, Cr.P.C. were consequently, set aside with the direction to prosecution to submit the challan in the Court of competent jurisdiction. 1991 SCMR 1 and PLD 1956 FC 53 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 169 & 173---Discharge of accused after submission of challan in the Court---Once -the challan is submitted in the Court under S.173, Cr.P.C., the provisions of S.169, Cr.P.C. cannot be invoked. JUDGMENT MRS. KHALIDA RACHID, J.--- The brief resume of the facts leading to the filing of the present Constitutional petition is as under:-- 2. On 11-7-1998 at 11-00 hours a report vide F. I. R. No. 378 .under section 302/324/188, P.P.C. read with section 13, Arms Ordinance was recorded in Police Station East Cantt., Peshawar by Syed Sikandar Shah (petitioner herein) wherein Muhammad Raza Shah, respondent No. 8, alongwith Zahir Shah father of Raza Shah, one Majeed and Farhad were charged for the murder of his uncle Pir Rukhay, and one Jan Muhammad…

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