LHC sets aside magistrate order on cancellation of case

Police faulty investigation

Rawalpindi-The Lahore High Court Rawalpindi Bench on Wednesday has set aside an order of the Judicial Magistrate in which he agreed with police report seeking cancellation of a criminal case against the management of Future Developers involved in demolishing property of a citizen and threatening him of dire consequences.
The LHC also directed the Judicial Magistrate to summon the victim and hear his argument accordingly and re-issue the orders as per law.
The LHC directed the Station House Officer (SHO) Police Station Chontra to write to his bosses (City Police Office and Superintendent of Police Saddar Circle) for initiating departmental action against the then SHO and the Investigation Officer of the case registered with Police Station Chontra. LHC Rawalpindi Bench Justice Muhammad Tariq Abbasi issued these orders while hearing a petition filed by Sardar Sarfraz Khan through his lawyer Sardar Muhammad Ashfaq Abbasi.
The petitioner in his petition made Judicial Magistrate 1st Class Rawalpindi, SHO Police Station Chontra, Mirza Tasawar, the Land Director of Future Developers and Bakir Raza, the Accountant of Future Developers. While arguing before the judge, Sardar Muhammad Ashfaq Abbasi said that his client got registered an FIR Number 2/18 under sections 506-ii, 447 and 511 of Pakistan Penal Code (PPC) against Mirza Tasawar and Bakir Raza on 2/1/2018 for storming into his land located at the Revenue Estate of Mandwaal along with 20 unknown armed men. He added the attackers bulldozed property of his client and threatened him and his son of dire consequences.
He said the victim reported the matter to CPO, who referred the matter to SHO for filing a case against the accused. The lawyer argued that police failed in discharging their duties as per the law and took side of the accused and gave them a clean-chit without any reason. He added the police had also submitted a cancellation report dated 1/3/2009 with Court of Civil Magistrate 1st Class, who agreed the report vide order dated 7/12/2018. He told the judge that an impugned order and the report of illegal, unwarranted and liable to be set aside as the magistrate passed the impugned order without taking into consideration the record available in the file. He also argued the Magistrate has not provided an opportunity of hearing the applicant and he was condemned unheard.
He prayed to the judge to declare the impugned order as illegal, without lawful authority, jurisdiction, against the settled principle of law.
LHC Rawalpindi Bench Justice Muhammad Tariq Abbasi, after conclusion of comments of the lawyer, has set aside the order of Magistrate and directed him to conduct hearing again and provide the petitioner with justice.
Justice Muhammad Tariq Abbasi also directed police to initiate legal action against the then SHO and IO for holding faulty investigation into the case and sparing the accused.
Talking to The Nation, SHO Police Station Chontra Malik Naheem also confirmed the development.
Sardar Muhammad Ashfaq Abbasi told the media that police had also submitted an interim challan before the court. He said police had given a clean0chit to the two main accused without interrogating them.
Meanwhile, LHC Rawalpindi Bench also maintained the stay order of the said land that earlier was cancelled by a lower court. The LHC issued directions while hearing the petition of Sardar Sarfraz Khan and Sardar Sher Afzal.

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