Citation Name: 2025 PCrLJ 1140 KARACHI-HIGH-COURT-SINDHBookmark this Case Fahad Ahmed Gulzar vs ASI/IO Saeed Mahroof S — 2025 PCrLJ 1140 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 1140 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 1140 KARACHI-HIGH-COURT-SINDHBookmark this Case Fahad Ahmed Gulzar vs ASI/IO Saeed Mahroof S
Subject matter: Criminal
Provisions referred to: S. 561-; S. 173; 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

Citation Name: 2025 PCrLJ 1140 KARACHI-HIGH-COURT-SINDHBookmark this Case Fahad Ahmed Gulzar VS ASI/IO Saeed Mahroof S. 561-a---Penal Code (XLV of 1860), Ss. 353, 186, 269, 270 & 34---Inherent power of High Court---Scope---Judicial Magistrate on final report submit by the Investigating Officer in a case registered under Ss.353, 186, 269, 270 & 34, P.P.C, directed that the report under S.173 Cr.P.C be returned to the Investigating Officer for presentation before the Intellectual Property Tribunal---Validity---Under the law, the Magistrate cannot ask the SHO/Investigation Officer to submit the report under S.173, Cr.P.C. in a particular manner, i.e. against the persons he desired or in respect of such offenses that he wishes---However, if Magistrate finds that the Investigating Officer has not investigated the case on the subject point involved in the matter, he may direct the Investigating Officer to conduct further investigation and submit a report after its conclusion---Directly saying that the matter pertained to particular jurisdiction without taking cognizance and framing the point of determination, did not align with Ss.173 and 190, Cr.P.C., therefore, the impugned order dated 26.06.2024 to the extent of returning the report under S.173, Cr.P.C. to Investigating Officer for presentation before the concerned forum/Court was set at naught---Criminal Miscellaneous application stood disposed of with directions to the Trial Court having jurisdiction to proceed with the case and decide the fate of the case in accordance with law.

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