Muhammad Asif vs Farmaish Ali S — 2026 PCrLJ 858 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 PCrLJ 858 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: PCRLJ
Parties: Muhammad Asif vs Farmaish Ali S
Subject matter: Criminal
Provisions referred to: S. 173---P; S. 155C---C; 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

Muhammad Asif VS Farmaish Ali S. 173---Penal Code (XLV of 1860), Ss. 201 & 420---Police Order, 2002, S. 155C---Causing disappearance of evidence of offence and cheating---Cancellation of case---Disagreement by Magistrate---Dispute was with regard to submission of investigation report under S.173, Cr.P.C. recommending cancellation of the case but Trial Court did not agree with the same and opted to proceed with trial--- Lower Appellate Court in exercise of revisional jurisdiction set aside the order passed by Trial Court--- Validity--- Magistrate (Trial Court) was quite competent and possessed jurisdiction to disagree with cancellation report, and had summoned accused to face trial, while taking cognizance of the matter--- Magistrate (Trial Court) issued direction to Station House Officer concerned for submitting list of witnesses--- Such order passed by Magistrate (Trial Court) was in accordance with law as well as facts of the case--- Lower Appellate Court in its judgment did not consider proceedings of investigation conducted by Deputy Superintendent of Police and his direction issued regarding compiling as well as submitting report under S.173, Cr.P.C.--- Lower Appellate Court also took into consideration photocopy of an affidavit, while passing his judgment, which was against the settled principle of law on the subject as well as peculiar facts and circumstances of the case and the same was not sustainable in the eyes of law---High Court, for securing ends of justice, set aside judgment passed by Lower Appellate Court and order passed by Magistrate (Trial Court) was restored--- Constitutional petition was allowed, in circumstances.

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