Citation Name: 2025 MLD 1830 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Saddam Zia vs State Ss

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Citation Name: 2025 MLD 1830 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Saddam Zia VS State Ss. 154, 173 & 561-a---Penal Code (XLV of 1860), Ss. 302(b) & 34---Inherent powers of High Court---Quashing of order---Judicial Magistrate, after taking cognizance of the case, issued directions that the accused/applicants be sent to trial in a case registered under Ss.302 & 34, P.P.C---Validity---accused/applicants were charged for committing murder of the nephew of complainant---accused/applicants alleged that the deceased committed suicide---Through present application, the applicants had challenged the order of the Judicial Magistrate, wherein cognizance was taken under Ss.302 & 34, P.P.C---Offence under S.302 P.P.C fell exclusively with the jurisdiction of the Court of Sessions, the matter was accordingly referred to the appropriate forum---authority of a Judicial Magistrate to diverge from the Investigating Officer's conclusions was confined solely to instances where a report sought disposal of the case or eliminates a specific section of the charges---In such circumstances, the Judicial Magistrate, upon examining the evidence, may independently form an opinion, diverging from that of the Investigating Officer and take cognizance of the offence by accepting the challan or reinstating the omitted charges---Record showed that charge had been framed in the subject case by the Trial Court---Since, the charge had been framed by the Trial Court, it was only appropriate that the applicants sought redressal of their grievance from the said forum, in accordance with law---any factual determination made by the High Court at this stage may inadvertently prejudice the case of either party---applicants were at liberty to approach the Trial Court and avail any remedy permissible under the law---Criminal Miscellaneous application was dismissed, in circumstances.

Citation Name: 2025 MLD 1830 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Saddam Zia vs State Ss — 2025 MLD 1830 KARACHI-HIGH-COURT-SINDH

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