' MUHAMMAD JEHANGIR ARSHAD, J.---The petitioner being accused of case F.I.R. No.105 dated 25-5- 2005 under section 302/34, P.P.C. Registered with Police Station, Taranda Muhammad Pannah, is aggrieved of the order dated 28-11-2005 passed by learned Magistrate Section-30, Liaqatpur whereby the said Magistrate declined to agree with the discharge report as submitted by the police authorities and further directed the challan to be submitted.
2. It is contended by learned counsel for the petitioner that the petitioner was found innocent by the Investigating Agency and that per post-mortem examination report Mst. Iqbal Mai daughter of the complainant met natural death suddenly and she was not subjected to any violence by the petitioner; that the learned Magistrate while passing the impugned order neither applied mind consciously nor properly appreciated the discharge report which fully supported the case of the petitioner and that no useful purpose would be served by directing the police authorities for submission of challan as despite hectic efforts the Investigating Agency failed to collect the evidence connecting the petitioner with the commission of the alleged murder of Iqbal Mai daughter of the complainant.
3. Heard. Record perused.
4. It is an established principle of law that police opinion is not binding on the Court and similarly the medical report can also be not considered as conclusive piece of evidence without recording ocular as well as other prosecution evidence. Since the prosecution witnesses in their statement under section 161, Cr.P.C. Have involved the petitioner and medical evidence is also yet to be scanned after recording the statement of the doctor who conducted postmortem examination of the deceased, it therefore, cannot be held that the learned Magistrate while passing the impugned order committed any illegality or irregularity by disagreeing with the discharge report and directing the police authorities to submit challan in terms of section 173, Cr.P.C. Even otherwise, in the light of law declared by the Honourable Supreme Court of Pakistan in "Habib v. The State" 1983 SCM R 370, "Mansha and 7 others v. Illaqa Magistrate, Police Station Bhallak, District Faisalabad and 4 others"
PLD 1997 Supreme Court 339 and "Falak Sher and another v. The State" PLD 1967 Supreme Court 425, this Court while sitting in constitutional jurisdiction seldom interferes in such-like matters.
Resultantly, this writ petition is dismissed in limine being devoid of any merit.