Zahid Hassan Khado vs State Ss — 2026 PCrLJ 406 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 PCrLJ 406 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: PCRLJ
Parties: Zahid Hassan Khado vs State Ss
Subject matter: Criminal
Provisions referred to: S. 173; S. 322; 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

Zahid Hassan Khado VS State Ss. 173 & 561-a---Penal Code (XLV of 1860), Ss. 322, 320, 279 & 427---Quashing of order---Inherent jurisdiction of High Court---Scope---applicant/complainant sought quashing of order passed by the Judicial Magistrate who accepted the final report under S.173, Cr.P.C in a road accident case after dropping S. 322 P.P.C, which was a non-bailable offence and was mentioned in the FIR filed by the applicant/complainant while accepted the remaining sections of the FIR---Held: although the FIR was lodged under S.322 P.P.C, including certain other Sections of the P.P.C, the Magistrate dropped the said Section from the final report under S.173 of the Cr.P.C.---In the present case, the Judicial Magistrate based on the material collected by the Investigating Officer, the pontification of the prosecutor, and the final challan submitted by the Investigating Officer took note that while the accused had a valid learner's license to operate the motor vehicle, the deceased persons did not have a driver's license to operate the motorcycle---Therefore, it could not be said in the instant case that the concerned Judicial Magistrate did not apply his mind while passing the impugned order---Matter at hand was a traffic accident case leading to death involving a collision between a motor vehicle operated by an operator having a valid learner's license and a motorcycle being operated by a biker without a valid license/permit---Judicial Magistrate accepted the challan after hearing all the parties and applying his mind, thus there was neither any irregularity nor illegality nor error in law in the impugned order passed by the Judicial Magistrate---application was dismissed, accordingly.

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