Citation Name: 2025 MLD 1290 KARACHI-HIGH-COURT-SINDHBookmark this Case GulSher vs State Ss

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

Citation Name: 2025 MLD 1290 KARACHI-HIGH-COURT-SINDHBookmark this Case GulSher VS State Ss. 561-a, 169, 173 & 190(i)(b)---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148 & 149---Investigation report---Name in column No. 2---Complainant was aggrieved of placing name of accused person in column No. 2 of investigation report submitted by investigating officer in case of qatl-i-amd and attempt to commit qatl-i-amd---Validity---In the present case, the private respondents were named in the FIR specifically---Complainant and his witnesses had been disbelieved by the Investigating Officer, so far as the private respondents were concerned, by doing so, prima facie the Investigating Officer had assumed the role of the Court without material evidence which was not permissible at law and the Judicial Magistrate ought to have referred the matter to the Sessions Court as the Sections were triable by Sessions Court---Since the Investigating Officer had kept the names of the private respondents in Column No. 2 of the charge sheet, the Judicial Magistrate had accepted such report without deliberation about their role in the crime which amounted to exoneration of the respondents, which in principle, was the function of the Trial Court as the offences were exclusively triable by the Sessions Court---Since the matter had been referred by Judicial Magistrate to Sessions Court for trial and it had been presumed that the respondents whose names were kept in column No. 2 of the charge sheet had been exonerated on their plea---Thus, it would be appropriated to direct the concerned Sessions Judge to look into the matter of the parties thoroughly and to see whether the names of respondents were rightly kept in column No. 2 by the Investigating Officer and accepted by the Judicial Magistrate based on cogent reasons or otherwise---Opinion of the Investigating Officer exonerating the respondents and acceptance of such report under S.173, Cr.P.C by the Judicial Magistrate to that extent shall remain in abeyance, till/trial decision---Petition was disposed of.

Citation Name: 2025 MLD 1290 KARACHI-HIGH-COURT-SINDHBookmark this Case GulSher vs State Ss — 2025 MLD 1290 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 MLD