Citation Name: 2025 PCrLJ 1238 KARACHI-HIGH-COURT-SINDHBookmark this Case Khair Muhammad vs State Ss

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Citation Name: 2025 PCrLJ 1238 KARACHI-HIGH-COURT-SINDHBookmark this Case Khair Muhammad VS State Ss. 302, 324, 147, 148 & 337-H(2)---Criminal Procedure Code (V of 1898), Ss. 173, 190 & 561-A---Inherent jurisdiction of High Court---Quashing of FIR---Qatl-i-amd, wrongful confinement, assault or criminal force, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, rash or negligent act to endanger human life or personal safety of others---Accused was aggrieved of order passed by Judicial Magistrate through which he did not agree with the proposal of Investigating Officer to let him off in C-class and took cognizance under S.190 Cr.P.C---Validity---In the instant case, the Judicial Magistrate had exercised his jurisdiction in a lawful and judicious manner under S.190, Cr.P.C.---Contention that the applicant was placed in Column No. 2 of the police report did not ipso facto entitle him to exoneration, as the Judicial Magistrate retained the discretion to evaluate the material independently, uninfluenced by the conclusions drawn by the Investigating Officer---Judicial Magistrate was not bound by the opinion of the police and must apply his own judicial reasoning in determining whether sufficient grounds exist for proceeding against an accused---Judicial Magistrate had rightly concluded that a prima facie case was made out against the applicant, warranting further proceedings---Mere assertion of alibi, particularly when it was premised on statements of local persons rather than unimpeachable evidence such as travel records, official logs, or documentary proof, was manifestly insufficient to nullify the cognizance taken by the Judicial Magistrate---An alibi plea, unless supported by irrefutable and cogent evidence, did not per se exonerate an accused at the pre-trial stage---Judicial Magistrate was fully justified in taking cognizance of the matter under S.190, Cr.P.C.---Criminal Miscellaneous Application stood dismissed, in circumstances.

Citation Name: 2025 PCrLJ 1238 KARACHI-HIGH-COURT-SINDHBookmark this Case Khair Muhammad vs State Ss — 2025 PCrLJ 1238 KARACHI-HIGH-COURT-SINDH

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