Citation Name: 2025 PLD 12 KARACHI-HIGH-COURT-SINDHBookmark this Case KHADIM HUSSAIN vs State Ss

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Citation Name: 2025 PLD 12 KARACHI-HIGH-COURT-SINDHBookmark this Case KHADIM HUSSAIN VS State Ss. 173 & 561-a---Penal Code (XLV of 1860), S. 324---Report of police officer---addition or deletion of legal provision---Scope---applicant was aggrieved of an order passed by Magistrate whereby charge under S. 324, P.P.C., was deleted---In a positive report of Investigating Officer referring the accused to a trial, the Magistrate has no jurisdiction to disagree with him by disposing of the case or deleting a particular Section---Conclusion drawn by the Investigating Officer that there is sufficient material to show that a particular offence or the case as reported has been made out for the Court to hold a trial thereon is always based on some material collected by him during investigation---Magistrate was not competent to discard such report on taking a summary tour of material before him, which required examination of witnesses---Therefore, it will be for the Court, be it Magistrate's trial or the Sessions' trial, to apply its mind, in the trial and decide whether the case is made out; or there is sufficient material to attract applicability of a particular Section and then follow the procedure accordingly---Magistrate's power to disagree with the opinion of Investigating Officer is limited to only reports disposing of the case or deleting a particular Section---In such cases, the Magistrate by going through the material can form his own opinion disagreeing with the opinion of Investigating Officer and take cognizance of offence against the accused by accepting the Challan or restoring the deleted provision---In the present case, Magistrate without applying his mind had passed the order---Therefore, with consent, of the parties the impugned order was set aside and the case was remanded for passing a fresh order---application along with pending application was disposed of accordingly.

Citation Name: 2025 PLD 12 KARACHI-HIGH-COURT-SINDHBookmark this Case KHADIM HUSSAIN vs State Ss — 2025 PLD 12 KARACHI-HIGH-COURT-SINDH

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