JUDGMENT AHMAD SAEED AWAN, J. The petitioner through this Constitutional .Petition seeks a declaration of order dated 29.1.1995 passed by the learned Magistrate, respondent No. 2. To be without lawful authority and of no legal effect.
2. The brief facts of the case are that respondent No. 1 along with others was named as accused in case F.I.R. No. 426/94 registered under Section 302/34 P.P.C. After remaining on physical remand for 14 days, as no recovery was effected from him, respondent No. 3 S.H.O, forwarded him to the learned Illaqa Magistrate with written request that the accused be remanded to judicial custody as further time was required for completion of the investigation. As the learned Magistrate refused to remand and accused to judicial custody and instead discharged him, hence this petition.
3. I have heard the learned counsel for the parties. The respondent accused was discharged from the case on the basis of report made by the police under Section 167 Cr.P.C. Learned counsel for the petitioner was unable to point out that the order impugned was beyond the jurisdiction of the learned Magistrate. It is settled law that the report of the police under Section 167 Cr.P.C, is not binding upon the Courts. Learned Magistrate was, therefore, well within his jurisdiction to pass the impugned order. It may be observed that there is no bar on the police to arrest the accused and proceed with the matter further, if later on, any evidence comes on the record or material is available to connect the accused with the commission of offence. There thus exists no good ground to interfere with the impugned order. The writ petition is disposed of in the above terms leaving the parties to bear their on costs.