Law: Criminal Procedure Code (V of 1898)

Section: 169,561-A

Law: Pakistan Penal Code, 1860

Section: 302,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 169---Penal Code (XLV of 1860), S.302/34---Release of accused when prosecution evidence deficient---Scope---Interpretation of S.169, Cr.P.C.---Provisions of S.169, Cr.P.C. simply empowered an Investigating Officer to release the person in custody, on his executing a bond, if the Investigating Officer, would reach the conclusion that sufficient evidence or reasonable ground was not available to justify forwarding of accused to a Magistrate---Words "there was not sufficient evidence" or "a reasonable ground of suspicion" in S.169, Cr.P.C., were not ambiguous at all---Investigating Officer could release an accused in his custody when sufficient evidence was lacking or there were no reasonable grounds of suspicion against accused---Said power was not identical to the power of preponderance of evidence to be exercised by Trial Court---When there was a set of prosecution evidence on one side and set of defence evidence on the others side trial Court was empowered to weigh both sets of evidence on judicial scale to rely on one and discard the other---Theme of S.169, Cr.P.C. did not admit any such power of Investigating Officer to evaluate defence evidence of an accused; and prefer it over the prosecution evidence to declare him innocent---Evidence available to prosecution in the case was altogether "sufficient evidence" in ordinary meaning of the words used in S.169, Cr.P.C.---Set of defence evidence, however did not possess such a cast iron strength to straightaway stultify the volume of prosecution evidence; it could safely be concluded that Investigating Officer had travelled beyond the scope of his jurisdiction under S.169, Cr.P.C. in declaring accused innocent because he could not brush aside the sufficient prosecution evidence available on record. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 169---Penal Code (XLV of 1860), S.302/34---Inherent power of High Court---Quashing of action of Investigating Officer---Scope---Inherent power of High Court under S.561-A, Cr.P.C., was wide enough and the limiting parameter was "the justice"---Basically S.561-A, Cr.P.C., did not create or bestow any new…

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