The facts leading to this petition under Section 561-A Cr.P.C. Briefly, are that on 22-6-1987 case under Section 318/312 PPC and Section 10 of offence of Zina (Enforcement of Hudood) Ordinance, 1979, was registered against Abdul Sattar on the report of Mst. Aziman petitioner.
2. The allegations against the petitioner were that he had developed illicit relations with Mst.
Hassina co-accused and committed Zina with her with the result that she became pregnant. As a consequence of miscarriage caused by her parents, a baby was born and thrown in Muhammadwah Canal where from the dead body was recovered subsequently. During the investigation, Police found the allegations to be false. Consequently, the Police applied for the discharge of the accused/respondent. The learned Assistant Commissioner, Ahmadpur, East passed the following order-- URDU PARAGRAPH 4167 The learned counsel for the petitioner submitted that the learned Magistrate has mechanically discharged the accused/respondent; that he had not applied his mind to the contents of the F I R and the statements of the witnesses recorded during the investigation. Learned counsel for the respondents has tried to support the order of the discharge.
4. I have considered the submissions made by the earned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner. I find that the learned Magistrate has arbitrarily discharged the accused without taking the trouble of examining the F I R, the medical report and the statements under section 161 Cr.P.C. Of the witnesses mentioned in the F I R.
And the reasons given by the Police for the discharge of the respondent. So there is no option but to set aside the order of the Assistant Commissioner and send back the-matter to him for fresh disposal of the application of the Police for the discharge of the respondent, in accordance with law. Order accordingly.
M.Y.H./A-670/L