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NASIR ARBAB vs IMTIAZ S — 2026 PLD 1 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2026 PLD 1 HIGH-COURT-AZAD-KASHMIR
Year
2026
Reporter
PLD
Parties
NASIR ARBAB vs IMTIAZ S
Subject matter
Criminal
Provisions referred to
S. 63---D; S. 63; S. 173

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

NASIR ARBAB VS IMTIAZ S. 63---Discharge by Magistrate---Scope---Impugned order passed by the Magistrate was assailed whereby the request made by investigating officer for physical remand of the accused-respondent had been refused and the Court discharged the accused under S. 63, Cr.P.C.---Held: Under S. 63, Cr.P.C., the Magistrate who is competent to try the offences may discharge an accused person on his own bond, or on bail, or under the special order if the Magistrate is of the view that the detention of the accused will not serve any purpose, however the discharge of accused by the Magistrate under S. 63, Cr.P.C., does not tantamount to smothering of the investigation, cancellation of the case, termination of prosecution or acquittal rather if the investigation is in progress it can continue unaffected by order of discharge---Despite an order of discharge of an accused person, further investigation can be held by the police regarding the offence without obtaining any permission from the Magistrate and the discharged accused person can always be associated by the police with the investigation of the given criminal case at any subsequent stage---High Court set aside the impugned order and the accused respondent was handed over to police for four days while directing themto investigate the matter and if he was found to be connected with the alleged offence or otherwise, the police shall submit its report to the concerned Court under S. 173, Cr.P.C., as per law---Petition, filed by complainant was allowed accordingly.

Other judgments reported in 2026 PLD

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