Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Pakistan Penal Code, 1860

Section: 365-A

Criminal Procedure Code (V of 1898)--- ----S. 526---Penal Code (XLV of 1860), S.365-A---Transfer of case---Application for---Applicant had submitted that her matter had not properly been scrutinized by the police officials as well as by the Magistrate and that the Magistrate had wrongly entertained the police report---Officials were duty bound to submit their report after investigation and it was the Magistrate who would decide as to whether under the given circumstances the said report was to be accepted or some other direction to be issued to the police officials---Applicant was levelling allegations against her real uncle and aunt, who were aged persons---Applicant had stated that since the property was involved, they were after her life---Magistrate was directed by High Court to look into the matter and after hearing the applicant to pass an order on the police report which had been submitted and to pass an order within specified period. THIS ORDER PASSED BY: MUNIB AHMAD KHAN, J.--- In terms of the order passed in both these applications certain directions were issued. In response thereto Jaffar Baloch, P.I./S.I.O., on behalf of S.S.P. Investigation, Ch. Nazeer Ahmed, S.-I. City Court, Police Station Saddar, T-II, Zone-I, C.C.P., Karachi and S.I.P. Ali Gohar Soomro, Preedy along with Afsheen Aman, State counsel, Investigating Officer Ch. Nazir Ahmed, submits that previously the investigation was with Ali Gohar Soomro and thereafter it has been assigned to him and he has investigated the matter. He submits that the matter was taken up with the D.I.-G. and two S.S.Ps. Zone-II, while another meeting, participated by D.I.-G. Investigation, S.S.P., A.V.C., and S.P. A.C.L.U, and in all these meetings the contention of the applicant has been rejected. He submits that since he has already investigated the matter and submitted a report under section 173, Cr.P.C., wherein he has described the case as falls in B-Class, therefore, now it is the issue before the learned Magistrate to pass an order on that. They also submit an application along with order of Sessions Judge as well as outcome of the meetings. He further submits that once the matter has also taken up…

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