Section 616161 A Conduct Rule (XLV of 1860), Section 506B / 504/451/338, is recommended for prosecution of the applicant / accused under the Applicants / C \ Class for investigation as requested by the Investigating Officer. The defendant was innocent, however, the magistrate did not agree with the Investigation Officer's report. The applicant, under the request, had recommended the investigating officer to deal with the FIR as a C-class case on the matter. The complainant was unable to present his testimony, first of all, was innocent and nothing was recorded in the record without qualification that the complainant or witnesses were summoned by notice, though the investigating officer assumed it was his Investigating the matter was not the only FIR recording. There was only so much information and could be recorded by anyone and the matter should be examined in accordance with the Prima Fee Act. When the instructions of this dossier issued by the relevant magistrate were appropriate, legal and according to law the magistrate was obliged to examine the matter when the report was presented to him. Although it had to rely on or disagree with the magistrate, because the opinion of the police was not binding, the merits of the case were to be considered at trial and not to indicate any violation of the law. For the applicant / accused, no High Court intervention was necessary, under the circumstances \ r \ n
Related judgments — Karachi High Court Sindh, 2009
