2002 P Cr (PLP)

The matter pertains to F.I.R No.127, dated 28‑5‑2001, registered at Police Station Kohsar, District Islamabad, under sections 406, 468 and 471 of the P.P.C.

2. According to the petitioner, he had nothing to do with the reported transaction and was not in any case criminally involved in ‑the affairs of the business of the complainant in this connection. That not only three Members of the Committee constituted by the S.E.C.P. exonerated him from the charge but also the Additional S.P., Islamabad came to the conclusion that no case was made out. Not only this, the S.P. after investigation was also of the same view.

3. A discharge report was placed before the Ilaqa Magistrate with a detailed report from the police, which inter alia stated as follows.‑‑

4. However, while disposing of the police requests for discharge, the learned Judicial Magistrate Section 30, Islamabad, vide his orders, dated 27‑6‑2001 stated as follows:‑‑ "The record of the case has been perused. The accused is nominated in the case and there is a specific allegation against the accused that breach of trust of misappropriation of the amount of the complainant was made in connivance with the accused. In this situation, I disagree with the request of the police and reject the petition in hand."

5. The question which was raised before this Court was that what were the basis for the learned Judicial Magistrate to arrive at such a conclusion. That obviously the petitioner was nominated but the result of the investigation was manifestly in his favour and it has been said by the police that no evidence has been collected against him. That in case the learned Magistrate came to the conclusion that there was evidence against him, he ought to have referred to that evidence while keeping in view the report of the police under reference. That this was a case of non‑reading of the report and a hurried decision on the administrative side which was passed by the learned Judicial Magistrate.

6. The matters are to be disposed of with reference to all facts even it is on administrative side like a refusal to discharge the accused.

7. The order being infirm, is set side and the case is remanded to the learned Judicial Magistrate, Section 30, Islamabad with directions that he may advert to all the facts of the case as well as the police report and the factum shown in the police report for coming to the conclusion whether the ‑petitioner ought to be discharged or not. The writ petition is accepted in these terms.

8. Parties are directed to appear before the learned Judicial Magistrate, Section 30, Islamabad, on the 23rd of July, 2001, who shell dispose of the matter by the 26th of July, 2001, through a written order, according, to the observations made hereinabove. The Investigating Officer is directed to produce the record before the said Magistrate on the aforementioned date. H.B.T./T‑68/L Order accordingly.