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ASGHAR ALI vs ABDUL RAZAQUE S — 2022 YLRN 33 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 33 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ASGHAR ALI vs ABDUL RAZAQUE S
Subject matter
Criminal
Provisions referred to
S. 173---P; Penal Code (XLV of 1860)

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

ASGHAR ALI VS ABDUL RAZAQUE S. 173---Penal Code (XLV of 1860), Ss.506(2), 337-A(i), 337-L(2), 504, 147 & 148---Report of police officer---Credibility of witness to be determined by Trial Court---Scope---Petitioners/accused persons assailed order of Magistrate whereby he disagreed with the report of Investigating Officer to dispose of the case under 'C' class and directed him to submit challan in the prescribed form---Petitioners were nominated in the FIR with specific allegation that at the time of incident they were duly armed with pistols, iron rods and lathies and that they caused injuries with their respective weapons---Prosecution witnesses had supported the case and defence witnesses had stated otherwise---Credibility of witnesses could be determined only after trial and recording of evidence---Competent court of jurisdiction could determine the guilt or innocence of accused and the Investigating Officer had no such powers to adjudicate the case during investigation---Investigating Officer was supposed to collect evidence in favour of and against the case and put the same before Magistrate---Petitioners had alternate remedy of approaching the Trial Court for redressal of their grievance---No perversity, illegality or incorrectness was found in the impugned judgment---Magistrate had appreciated all the facts and documents available on record---Constitutional petition was dismissed.

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