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Mst. KANEEZ FATIMA vs ADDITIONAL SESSIONS JUDGE Ss — 2022 PCrLJ 860 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 860 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
Mst. KANEEZ FATIMA vs ADDITIONAL SESSIONS JUDGE Ss
Subject matter
Criminal
Provisions referred to
S. 176; S. 561-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. KANEEZ FATIMA VS ADDITIONAL SESSIONS JUDGE Ss. 176, 439 & 561-a---Inquiry under S. 176, Cr.P.C. by Magistrate into cause of death---Revision against Inquiry Report issued by Magistrate while exercising powers under S. 176, Cr.P.C., maintainability of---Jurisdiction of Magistrate under S. 176, Cr.P.C.---Inquiry Report could not determine or opine on guilt/innocence of accused persons---Scope---Petitioner impugned order of Sessions Court whereby petitioner's revision against Inquiry Report of Magistrate under S. 176, Cr.P.C. was rejected, on ground that same was not maintainable, and furthermore petitioner sought that such Inquiry Report be declared illegal as same travelled beyond jurisdiction---Validity---Petitioner's revision against impugned Inquiry Report which was judicial in nature, was competent and ought to have been heard by the Sessions Court---Object of inquiry under S. 176, Cr.P.C. was merely to ascertain cause of death of a person who had died an unnatural death and Magistrate may opine apparent cause of death but had no jurisdiction to go beyond the same, and could not give any finding as to the guilt or innocence of accused persons(s)---In impugned report, Magistrate exceeded jurisdiction by stating that evidence produced by petitioner was replete with contradictions and Magistrate was not competent to opine that police did not transgress their right of self-defence and could not give finding that police officials had not committed any offence---High Court set aside such portions of the impugned report, and declared that same were made without lawful authority and ought to be expunged---Petition under S. 561-a, Cr.P.C. was disposed of, accordingly.

Other judgments reported in 2022 PCRLJ

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