Citation Name: 2023 PCrLJ 1567 PESHAWAR-HIGH-COURTBookmark this Case Sheikh ZAHOOR AHMED vs State S

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Citation Name: 2023 PCrLJ 1567 PESHAWAR-HIGH-COURTBookmark this Case Sheikh ZAHOOR AHMED VS State S. 169---Constitution of Pakistan, Preamble---Release of accused when evidence deficient---Scope---Preamble, which is integral part of the Constitution has laid down the aim, objective and purpose of constitution and it has been laid down therein that beside other rights and obligations the object of constitution is to observe principles of democracy, freedom, equality, tolerance and social justice---Such an objective can only be achieved when laws are made in line with the above cherished goals---With the passage of time and dwindling social values, laws are flouted, molded or misused for personal gains and objectives---In such a scenario, the importance of an efficient judicial system, especially at criminal side, has attained great significance to cope with ever changing circumstance, for the reason that it mainly effects the life and liberty of a person/citizen---In this respect S. 169, Cr.P.C., is an important tool available to an Investigating Officer, conducting an investigation in a criminal case---Said provision empowers the Investigating Officer to release an accused person, if, after investigation, he arrives to a conclusion that there is no sufficient evidence, reasons or grounds to justify forwarding the accused to a Magistrate---In that case, the SHO/Investigating Officer may forward the challan to the Magistrate and the Magistrate, so empowered, has to decide either to take cognizance on police report and try the accused and forward him for trial---Though the SHO/Investigating Officer may report the insufficiency of evidence but final order of discharge is the domain of Magistrate. Citation Name: 2023 PCrLJ 1567 PESHAWAR-HIGH-COURTBookmark this Case Sheikh ZAHOOR AHMED VS State S. 169---Release of accused when evidence deficient---Scope---Petitioner assailed the discharge of accused persons by the Magistrate---Held; petitioner had got lodged an FIR against the accused persons under Ss. 489-F, 420, 506 & 34, P.P.C.---Prosecution had opined that the dishonoured cheque was issued by the main accused while the other two accused had no role in the offence of issuing cheque, as such, they were recommended for discharge under S. 169, Cr.P.C.---Magistrate had passed an order of their discharge and proceeded to try the main accused---Order passed by Magistrate, in view of insufficient material on record against the co-accused, was neither found to be illegal nor erroneous to call for interference and was quite in accordance with S. 169, Cr.P.C.---Constitutional petition was dismissed.

Citation Name: 2023 PCrLJ 1567 PESHAWAR-HIGH-COURTBookmark this Case Sheikh ZAHOOR AHMED vs State S — 2023 PCrLJ 1567 PESHAWAR-HIGH-COURT

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