Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 156---Investigation into cognizable cases---Police under S.156, Cr.P.C. has a statutory right to investigate the circumstances of an alleged cognizable crime without requiring any permission from the Judicial Authorities and such statutory right cannot be interfered with by Judiciary. Malik Shaukat Ali Dogar and 12 others v. Ghulam Qasim Khan Khakwani and others PLD 1994 SC 281 ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Criminal Procedure Code (V of 1898), Ss. 167, 169, 170 & 173--­Constitution of. Pakistan (1973), Art. 199---Constitutional petition---Discharge of accused by Magistrate---Validity---Police had asked for the physical remand of the accused for recovery of some material for completion of investigation--­Magistrate under S.167, Cr.P.C. had only two options, either to grant the remand or to decline the same for reasons to be recorded and send the accused to judicial lock-up---Magistrate had no authority or jurisdiction to take cognizance and discharge the accused as S.302, P.P.C. was exclusively triable by Sessions Court and he had to send the case for trial to Sessions Judge in case of submission of final report under Ss. 169, 170 & 173, Cr.P.C.---Magistrate while discharging the accused had not only travelled beyond his jurisdiction but had also usurped the authority of the Investigating Agency---Impugned order passed by Magistrate was consequently, declared to be illegal and without jurisdiction and was set aside with the direction to the Investigating Officer to continue with the investigation of the case associating the accused with the same---Magistrate was also directed to pass an appropriate order on the report if submitted by the Investigating Officer in accordance with law, Constitutional petition was accepted accordingly. PLJ 1996 Lah. 680; Aftab Ahmad v. Hassan Rashid and 10 others PLD 1987 SC 13 and Malik Shaukat Ali Dogar and 12 others v. Ghulam Qasim Khan Khakwani and others PLD 1994 SC 281 ref. JUDGMENT By way of this Constitution petition order, dated 7-9-1999 passed by Civil Judge/Judicial Magistrate, Shujabad/respondent No.2 whereby remand of respondent No.4 asked by…

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