Magistrate

Where complaint reflects solemnization of marriage of minor, police officials are bound to register criminal case in terms of Child Marriage Restraint Act, 1929.

Complaint against accused was that he along with co-accused persons killed two persons under the pretext of police encounter

Validity

Two persons lost their lives allegedly at the hands of accused persons, after first sustaining fire shot injuries under the pretext of police encounter

Investigating officer was required to investigate the case even from the angle of defence but his conclusion must always be based on facts discovered during the course of investigation and not merely on the words of informant or defence

Root of defence plea being that deceased persons being desperate and hardened criminals were done to death in police encounter, Magistrate was right in demanding some proof of such plea, which the accused persons failed to produce before him

Witnesses of incident had supported the version of informant, then the investigating officer was not justified to declare the case to be false on the basis of defence plea without collecting any proof thereof

Except the petitioner, none else had assailed the order of Magistrate which impliedly reflected that they had accepted the same

Taking cognizance of offence would not release the prosecution of its duty to prove its case beyond any shadow of doubt or take away the right of accused to enjoy fair trial

Criminal miscellaneous application was dismissed, in circumstances.

Trying a particular type of cases (corruption) over a long time-May unconsciously develop a mentality which may hinder even-handed justice-Necessity to transfer case-Criminal Procedure Code (V of 1898), S. 526Apprehension in mind of accused that Judge was not holding scales of justice even-Pakistan Criminal Law Amendment Act (XIX of 1948) Las amended], S. 9 (2).