Citation Name: 2025 YLR 71 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHOOR AHMED vs State Ss

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Citation Name: 2025 YLR 71 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHOOR AHMED VS State Ss. 20, 21(d) & 24---Penal Code (XLV of 1860), Ss. 109 & 506(b)---Summoning of accused, named in column No.2 of the FIR---Scope---Judicial Magistrate took cognizance of offences against the applicants, as they were named in FIR with specific role, which prosecution witnesses in their statements had supported---Validity---No doubt, in the case in which there is a negative report of the Investigating Officer under S.173, Cr.P.C, regarding guilt of an accused---Magistrate has the powers to disagree with Investigating Officer and take cognizance of the offence against such accused---But such exercise is to be carried out judiciously and in consideration of material which although has been collected during investigation or is otherwise available on record, but same was not considered by the Investigating Officer, or was considered but in the wrong context and was made irrelevant to the facts of the case---Magistrate could disagree with the ipse dixit of the police in such cases and could form a different view---But it should be kept in mind that exercise of such discretion by the Magistrate is not unbridled and is subject to availability of incriminating material against the accused to justify him taking a different view than the Investigating Officer---In absence of incriminating material against the accused, it would not lay within competence of a Magistrate to proceed and take cognizance of the offence against any set of the accused who has otherwise been declared innocent by the Investigating Officer due to absence of any evidence---In the present case Magistrate had exercised his powers without referring to any incriminating material and had taken cognizance of the offence against the applicants in a cursory manner ignoring facts---Petition was allowed by setting aside the order impugned, with the direction that if in the trial any incriminating evidence is brought against the applicants by the complainant, or in any subsequent investigation such material is found against them and is submitted before the Court, the prosecution or complainant, or both would be at liberty to file a proper application for joining the applicants, which if filed, shall be dealt with by the Court on its own merits---Application wad disposed of accordingly.

Citation Name: 2025 YLR 71 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHOOR AHMED vs State Ss — 2025 YLR 71 KARACHI-HIGH-COURT-SINDH

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