Law: Criminal Procedure Code (V of 1898)

Section: 173,561A

Law: Pakistan Penal Code, 1860

Section: 34,324,506B

(a) Criminal Procedure Code (V of 1898)--- ----S. 173---Submission of challan---Investigating Officer under law had to submit a report/summary under S.173, Cr.P.C. within a particular time to the concerned Magistrate, who had to scrutinize the matter on the basis of material submitted before him by the Investigating Officer and to pass an appropriate order and not to act as a Post Office. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 173---Penal Code (XLV of 1860), Ss.324 & 506-B/34---Inherent jurisdiction of High Court under S.561-A, Cr.P.C.---Scope---Matter as mentioned in the application was investigated by the Investigating Officer who submitted his report under S.173, Cr.P.C. to the Judicial Magistrate who declined to take cognizance vide impugned order, which order was upheld by the Trial Court and applicant/ complainant had filed application under S.561-A, Cr.P.C. against impugned order---Prima facie it appeared that entire material collected by the Investigating Officer, was considered by the Magistrate and then passed the order on merits and discussed all merits and demands of the case---Validity---Powers of High Court under S.561-A, Cr.P.C. were to be used not in each and every case, but rarely in appropriate cases and there must be a material on the basis of which orders passed by the courts below be set aside---When two courts below came to the conclusion that no fruitful result would be achieved, if matter proceeded, no interference was required---Magistrate was not to fill the lacuna left by the Investigating Officer and to act as Investigating Officer of the case or to be a party, but he had only to scrutinize the matter on available material and it would depend upon him to agree or disagree with police report---Counsel for applicant had failed to show any illegality which amounted to an abuse of the process of law---Orders passed by the two courts below were proper, legal and in accordance with law and no illegality or material irregularity was committed by the courts below. PLD 2005 Karachi 375 ref. THIS ORDER PASSED BY: GHULAM DASTAGIR A. SHAHANI, J.--- By this Criminal Miscellaneous Application, the applicant/complainant'…

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