SAYYED MAZAHAR ALI AKBAR NAQVI, J.---By means of instant constitutional petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the vices of order dated 22.04.2017 passed by the learned Judicial Magistrate, Faisalabad.
2. While opening his arguments, learned counsel for the petitioner submits that the petitioner is complainant of case FIR No,255, dated 02.03.2017, offence under Section 406, P.P.C., registered with Police Station, Batala Colony, Faisalabad. Adds that the Investigating Officer produced Abdul Shakoor (accused) before the learned Illaqa Magistrate seeking physical remand, but the learned Illaqa Magistrate discharged the accused on 22.04.2017 after only one day of his arrest whereas the allegation against the accused is that he has misappropriated an amount of Rs.17,00,000/-.
Learned counsel submits that the order impugned passed by the learned Illaqa Magistrate is devoid of any legal justification as the learned Illaqa Magistrate has discharged the accused while going beyond his scope as the investigation in this case was at the early stage.
3. On the other hand, learned Law Officer assisted by learned counsel for the respondents has opposed this petition.
4. Arguments heard. Record available on file perused.
5. Undeniably, petitioner is the complainant of case FIR No,255, dated 02.03.2017, offence under Section 406, P.P.C., registered with Police Station, Batala Colony, Faisalabad. Bare perusal of the impugned order reflects that on 21.04.2017, only one day physical remand was granted by the learned Illaqa Magistrate. On 22.04.2017, the Investigating Officer produced the accused seeking further physical remand of ten days, but the learned Illaqa Magistrate instead of taking into consideration the material available on the record in its true perspective while declining the request of the Investigating in this regard proceeded to discharge the accused. It is worth mentioning here that allegation against the accused is that he has misappropriated an amount A of Rs.17,00,000/- belonging to the complainant. Keeping in view the peculiar facts and circumstances of the instant case coupled with the allegation of misappropriation of huge amount, this Court is of the firm view that the learned Illaqa Magistrate has discharged the accused in haste without affording proper opportunity to the Investigating Officer to conclude his investigation quite in accordance with law.
6. For the foregoing reasons, this Court is persuaded to accept this petition. As a consequence whereof impugned order dated 22.04.2017 passed by the learned Illaqa Magistrate is set aside. The matter is remanded back with direction to the learned Illaqa Magistrate to pass order afresh while taking into consideration the material available on the record in its true perspective, quite in accordance with law.
7. Petition accepted.