| Case ID |
ea0204f4-8813-4098-a609-9c298794be46 |
| Body |
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| Case Number |
D-5219 of 2016 |
| Decision Date |
Mar 16, 2018 |
| Hearing Date |
Mar 07, 2018 |
| Decision |
The High Court upheld the decision of the Magistrate to take cognizance of the case based on the final report submitted by the Investigating Officer. The petitioner's request to accept the report under 'B' class was dismissed as the Magistrate was empowered under Section 190 of the Criminal Procedure Code to assess the evidence and reach a decision. The Court found that the initial investigation did not preclude the Magistrate from exercising his own judgment in the matter. The order was deemed just and proper, reflecting the overwhelming findings of the case, thus no further interference was warranted by the High Court. |
| Summary |
In the case D-5219 of 2016, the Sindh High Court addressed issues of robbery and criminal intimidation under the Penal Code. The petitioner contested the Magistrate's order that mandated a final report submission under Section 173 of the Criminal Procedure Code, challenging the initial 'B' class report by the Investigating Officer. The case highlighted the power of the Magistrate to take cognizance irrespective of police investigations, emphasizing the duty of the investigating officer to collect evidence rather than make determinations on guilt. The court's ruling reinforced judicial independence in evaluating cases where allegations are made, regardless of prior investigations. This case serves as a precedent for ensuring that the rights of individuals are protected in the face of potentially unfounded allegations, with the judiciary maintaining its role as a fair arbiter in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
NAIMATULLAH PHULPOTO,
SHAMSUDDIN ABBASI,
YOUSUF ALI KHAN GHOURI
|
| Lawyers |
Abid Akram,
Muhammad Iqbal Awam
|
| Petitioners |
|
| Respondents |
THE STATE THROUGH IX J.M. AND 2 OTHERS
|
| Citations |
2018 SLD 2069,
2018 YLR 1976
|
| Other Citations |
2002 SCMR 63,
PLD 2016 SC 55
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
392,
506-B,
504,
34,
190
|