Magistrate had discharged the accused in haste without affording proper opportunity to the Investigating Officer

2019 M L D 363
[Lahore]
Before Sayyed Mazahar Ali Akbar Naqvi, J
KHADIM HUSSAIN SHAH—Petitioner
Versus
JUDICIAL MAGISTRATE and others—Respondents

Power of Magistrate to discharge accused—Scope—Petitioner/complainant contended that Investigation Officer sought physical remand of the accused, involved in misappropriation of huge amount, but Magistrate wrongly discharged the accused only after one day of his arrest—Validity—Record revealed that Magistrate, while declining the request of the Investigation Officer for remand of accused for ten days, proceeded to discharge the accused instead of taking into consideration the material available on record in its true perspective—Allegation against accused was that he misappropriated a huge amount to the tune of Rs. 17,00,000/- belonging to the complainant—Held, Magistrate had discharged the accused in haste without affording proper opportunity to the Investigating Officer to conclude his investigation in accordance with law—High Court set aside impugned order passed by the Magistrate and remanded the matter to the Magistrate to pass order afresh taking into consideration available material-

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