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Petitioner: HAQ NAWAZ VS Respondent: Haji ALAM KHAN and 8 others
Court Name: Sindh High Court Judge(s): Maqbool Baqar, Nisar Muhammad Shaikh Title: HAQ NAWAZ vs Haji ALAM KHAN and 8 others Case No.: Constitutional Petition No,D-656 of 2012 Date of Judgment:2012-03-15 Reported As: 2012 MLD 1075 Result: Petition allowed
Judgment ORDER ' Vide order impugned herein the learned 1st Civil Judge and Judicial Magistrate West Karachi, while disagreeing with the .Report submitted by the I.O. In Crime No,649 of 2011, recorded at Police Station Saeedabad, for offence under sections 452, 395, 504, 161, 337-A(1), P.P.C., directed the I.O. To submit Charge Sheet against the A accused. Learned counsel for the applicant submits that though the Judicial Magistrate is competent to take cognizance under section 190, Cr.P.C., however, no power vests in the court to override any legal provisions and direct the I.O. Either not to submit the report or to submit such report in a particular manner. In support of his contention, the learned counsel has relied upon the case of Naseer and others V. Khuda Baldish and others 2011 SMCR 1430, wherein the Hon'ble Supreme court had set aside a similar order passed by this Court and held that the petitioners of section 173, Cr.P.C, provided that on conclusion of investigation, the concerned S.H.O. Is required to submit a report of the result thereof in the prescribed manner and the concerned Magistrate is competent to take cognizance under section 190, Cr.P.C. However, he cannot direct the I.O. To submit report in a particular manner.IB Mr. Adnan Karim Memon, learned A.A.-G., concedes to the above. ' We would, therefore, allow the petition and set aside the impugned order by directing the concerned Magistrate to hear the parties C and pass an order thereon afresh.
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