| Citation(s) |
|---|
| 2006 SLG 3800 2006 SLD 3800 2006 PCRLJ 1209 |
Sindh High Court
Criminal Miscellaneous Application No. 30 of 2005, decided on 6th April, 2005.
MUHAMMAD SADIQ LEGHARI, JUSTICE
Jawaid Haider Kazmi for Applicants. Khalid Mehmood Siddiqui for the State.
Criminal Miscellaneous Application No. 30 of 2005, decided on 6th April, 2005.
MUHAMMAD SADIQ LEGHARI, JUSTICE
Jawaid Haider Kazmi for Applicants. Khalid Mehmood Siddiqui for the State.
AKHTAR HUSSAIN AND Others --ApplicantS
VS
THE State --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 561-A,347,173
Law: Penal Code (XLV of 1860)
Section: 420,467,468,471,34
Law: Police Order (22 of 2002)
Section: 18(6)
Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 347 & 173---Penal Code (XLV of 1860), Ss.420, 467, 468, 471 & 34---Police Order (22 of 2002), Art.18(6)---Application for quashing of orders---On lodging the F.I.R. by complainant, investigation was conducted and interim report was submitted by the Investigating Officer---Judicial Magistrate agreed with conclusion arrived at by Investigating Officer and accepted his report and also took cognizance of the offence---After submission of interim report, final report was yet to come---If final report was submitted beyond period provided by proviso to clause (b) of subsection (1) of S.173, Cr.P.C., it could not be treated as void and after acceptance of final report by Magistrate, investigation of non-cognizable offence also could not be treated as void---Present case was not the one where investigation was conducted in respect of only a non-cognizable offence, but was alleged to have been committed along with cognizable offence, during the same transaction---Submission of final report was also not violative of Police Order 2002, as it was not the case of transfer or change of investigation by Police authorities under the Police Order, 2002---If remaining part of investigation was completed and final report was submitted by another officer, that by itself would not make it illegal---Section 347,. Cr.P.C. also did not require Magistrate to send case after recording evidence during trial, but it empowered him to send the same to Sessions Court at any stage of proceedings---Impugned order did not call for interference---Application for quashing order, was dismissed, in circumstances. Muhammad Tasneem v. S.H.O. Police Station Thikriwala District Faisalabad 1997 MLD 1555 and Muhammad Alam and others v. State PLD 1967 SC 259 ref. THIS ORDER PASSED BY: MUHAMMAD SADIQ LEGHARI, JUSTICE:---.--- The facts leading to this order are that Muhammad Rafique lodged F.I.R. at Kala Kot Police Station on 29-4-2004 for offence under sections 420/468/471/34, P.P.C. After the investigation an interim charge-sheet was submitted by the Investigating Officer under section 173, Cr.P.C. The XIVth Judicial Magistrate, Karachi South…
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