Law: Pakistan Penal Code, 1860

Section: 452,506

Law: Criminal Procedure Code (V of 1898)

Section: 161,4(1),173

(a) Penal Code (XLV of 1860)--- ----Ss. 452 & 506---Constitution of Pakistan (1973), Art.199---Constitutional petition---Petitioner seeking declaration of impugned order as illegal and quashing of F.I.R.---Magistrate had passed impugned order after going through the relevant record which showed that the prosecution case was supported by the statement of the complainant as well as by the evidence of witnesses recorded under S.161, Cr.P.C.---Petitioner could not assail impugned order of the Magistrate on the ground that same did not indicate that statements made by certain witnesses during the investigation were not considered by the Magistrate---Magistrate was not bound to follow the opinion of the Investigating Officer and was well within his right to disagree with him---Case of prosecution could not be throttled just on the basis of the opinion of Police---Impugned order not suffering from any illegality, irregularity or jurisdictional error could not be interfered with. Nazar Muhammad v. Mushtaq Ahmad and others PLD 1996 Lah. 277 and Abdul Majeed v. The State 1995 PCr.LJ 1124 rel. Bahadur and another v. The State and another PLD 1985 SC 62; Arif Ali Khan and another v. The State and 6 others 1993 SCMR 187; Muhammad Sharif and 8 others v. The State and another 1997 SCMR 304 and Hussain Ahmad v. Mst. Irshad Bibi and others 1997 SCMR 1503 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.4(1)---Investigation---Investigation as defined in S.4(1) of Criminal Procedure Code, 1898 indicated that same would mean only collection of evidence and no more---Determination of the guilt or the innocence of accused was an obligation vested in the courts of law which task could never be delegated to the Police functionaries investigating a case. Muhammad Bashir v. S.H.O. Okara Cantt. And others PLD 2007 SC 539 and Syed Muhammad Ahmed v. The State and others PLD 2006 SC 316 rel. ORDER HASNAT AHMAD KHAH, J.---Through this writ petition following prayer has been made:-- "In view of the above submissions it is most respectfully prayed that the impugned orders dated 17-4-2007 and 28-9-2007 respectively passed by learned respondents Nos.1 and 2 may very kindly be declared…

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