Rizwan Ijaz vs Javed Akhtar Ss — 2024 MLD 799 ISLAMABAD

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

Rizwan Ijaz VS Javed Akhtar Ss. 302(b), 109 & 34---Criminal Procedure Code (V of 1898), Ss. 63 & 561-A---Qatl-i-amd, abetment, common intention---Accused discharged by Magistrate on the ground of deficient evidence---Legality---In the case in hand the two nominated accused were apprehended and were produced before the Magistrate for obtaining their physical remand---During the physical remand one motorcycle and a pistol were also recovered---First Information Report was registered on the statement of deceased, who succumbed to his injuries, and had specifically nominated the said arrested accused persons with specific roles---Relevancy of statement of the deceased and evidentiary value of the recovered articles would obviously be determined during trial by a competent court---However, the Magistrate instead of exercising powers under Section 167, Cr.P.C., in respect of the request for physical remand, proceeded to release the arrested accused persons under Section 63 Cr.P.C., by holding that "no reasonable incriminating substances exist as against the accused persons"---Validity---Such observation was made by the Magistrate after reproducing in his order, the opinion of expert who had analyzed the video footage submitted before the Investigating Officer by the accused person in an attempt to establish the plea of alibi, which determination was otherwise not within his competence and domain---In the case in hand, the Police Officer did not recommend to the Magistrate that the accused be discharged on the ground of deficient evidence---In fact the police had submitted a request for further physical remand in view of substantial progress made during investigations in the criminal case---Furthermore, the contents of the FIR and the plea of alibi raised by the accused persons were yet to be considered by the trial in the light of evidence of the parties---Magistrate while passing order, proceeded in haste and ignored that the question of guilt and innocence of the accused persons was to be considered by the competent Trial Court---Magistrate ignored that such intricate disputed questions required recording of evidence, which could not have been resolved in his administrative capacity, particularly when he lacked jurisdiction to try the criminal case---Powers under S. 63, Cr.P.C., ought to be exercised in a case of justified arrest of the accused persons in absence of sufficient evidence as to their involvement in the criminal case, but in a case where the accused persons were specifically nominated (if proved during trial and recovery of the incriminating articles was effected subject to determination of evidentiary value during trial), then, prima facie, sufficient incriminating material was available on record for the Magistrate to have either granted or refused the physical remand as requested by the Police Officer---Magistrate should have left the determination of the guilt or innocence of the accused persons to a Court competent to try the case after completion of the investigations---Magistrate by simply releasing the nominated accused persons under Section 63 Cr.P.C. blocked further progress in the investigation of the criminal case---Order passed by the Magistrate was patently illegal on the face of it, thus, same was set aside the same by allowing the petition and Magistrate was directed to reconsider the request submitted by police for physical remand of the accused persons.

Rizwan Ijaz vs Javed Akhtar Ss — 2024 MLD 799 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2024 MLD