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(i) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 392 & 394--"Inherent Powers" Application against order passed by Judicial Magistrate--Applicants having been nominated with specific role. Magistrate had rightly ordered for submission of challan--Police opinion was not binding upon the Court and Judicial Magistrate could take cognizance even in case of negative report and could issue process against persons who appeared to him to be concerned in the commission of offence--Regarding filing of revision before the Sessions Judge, it was sufficient to say that order passed by Judicial Magistrate was administrative in nature and was not amenable to revisional jurisdiction--In absence of any illegality or irregularity in the order passed by Magistrate same could not be interfered with--Application dismissed. [Pp. 425 & 426] A & B (ii) Principle-- ----It is well settled principle of law that police opinion is not binding upon the Court and Judicial Magistrate can take cognizance even in case of negative report and can issue process against persons who appear to him to be concerned in the commission of offence. [P. 425] A PLD 1985 SC 62 rel. Order The applicants have challenged the order, dated 29-4-2005 passed by learned IV Additional Sessions Judge, Mirpur Mathelo dismissing the revision filed by the applicants against the order dated 6-10-2004 passed by the learned Civil Judge and Judicial Magistrate Deharki directing for submission of challan against the nominated persons in Crime No. 106 of 2003 of Police Station Deharki under Sections 392 and 394, P.P.C. In short the facts of the case are that Muhammad Sharif got registered F.I.R. on 4-9-2003 against Shahzado and Sharif wherein it is alleged that Shahzado fired from his pistol and Sharif inflicted Lathi blow upon P.W. Mumtaz and Shakeel Ahmed and both the accused have taken away their motorcycle. The police has submitted its report before the learned Judicial Magistrate recommended the case may be filed untraced under "A Class" after rectify the lacunas. The learned Judicial Magistrate has not accepted the report and by its order, dated…

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