2008 PLP 1695 (YLR)
Mst. SHAMIM BIBI — Petitioner Versus JUDICIAL MAGISTRATE, POLICE STATION SAHOOKA and 8 others — Respondents
| Citation | 2008 PLP 1695 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Sajjad Hussain Shah, J |
| Parties | Mst. SHAMIM BIBI — Petitioner Versus JUDICIAL MAGISTRATE, POLICE STATION SAHOOKA and 8 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1695 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1695 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Sajjad Hussain Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1695 (YLR) (Mst. SHAMIM BIBI — Petitioner Versus JUDICIAL MAGISTRATE, POLICE STATION SAHOOKA and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azmat Ali Khanzada for Petitioner.
Headnotes / Summary
S. 561-A
Penal Code (XLV of 1860), Ss.452, 337--A(i), F(i), L(ii), 148, 149 & 109
Cancellation of order-Investigation was transferred to Range Crime, on the application of complainant but all concerned officials failed to bring that fact to the notice of Magistrate who, without examining the record, agreed with the cancellation report, though during subsequent investigation, accused were held guilty by the Investigating Officer
Investigation of the case had validly been changed by the competent Authority and the Investigating Officer had formed his independent opinion, but by concealing the facts, the Police Officer got the case cancelled by Illaqa Magistrate
True facts were not in the knowledge of Illaqa Magistrate and due to such ignorance he had passed the impugned order
Such order was set aside by High Court with direction to S.H.O. to submit a report before Illaqa Magistrate containing all the details of the case as well as all the investigations carried out by different Investigating Officers. Malik Muhammad Ramzan Khalid, Addl. A.-G. assisted by Sheikh Imtiaz Ahmad for the State with Tanveer, Inspector (Legal), Muhammad Sadiq, Inspector and Pervaiz, S.-I. Qazi Khalid Pervaiz for Respon dents Nos.3 to 8.
Judgment & Decree
SYED SAJJAD HUSSAIN SHAH, J.
Through this petition, the petitioner challenges order dated 21-6-2006 passed by the Magistrate Burewala through which he while disagreeing with the cancellation report submitted by the S.H.O. concerned had cancelled F. I. R. No. 207 dated 7-7-2005 registered under sections 452/337-A(i)/F-(i)/L(ii)/148/ 149/109 P.P.C. at Police Station Sahoka.
2. On the perusal of the record, it transpires that on the application of the petitioner, the investigation was transferred to Range Crime on 23-2-2006 and all the concerned failed to bring this fact into the notice of Magistrate who without examining the record agreed with the cancellation report. Although during subsequent investigation, the respondents were held guilty by the I.O.
3. As the investigation of the case has validly been changed by the competent authority and the Investigating Officer had formed his independent opinion but by concealing the facts, the police officer got the case cancelled by the Illaqa Magistrate. Admittedly true facts were not in the knowledge of the Illaqa Magistrate and in this way he had passed the impugned order.
4. In view of the above, impugned orders dated 21-6-2006 and 14-9-2006 are hereby set aside with the direction to the S.H.O., P.S. Sahoka to submit a report before the Illaqa Magistrate containing all the details of the case as well as all the investigations carried out by different Investigating Officers. On receipt of the same, the Illaqa Magistrate shall pass an appropriate order on it after considering the contentions raised by both the parties i.e. the complainant as well as the accused, on merits strictly in accordance with law without having been influenced by the earlier orders of cancellation of the case which were passed without considering the record properly. H.B.T./S-15/L Order accordingly.