' Allowed and disposed of Mian Petition.
2. Through this petition the petitioners have called in question the order, dated 3-3-1999 passed by the learned Magistrate Section 30 Dunyapur whereby respondent No,3 was discharged in case F.I.R.
No,241 registered at Police Station City Dunyapur, District Lodhran on 6-6-1998 for offences under sections 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. It has been noticed that petitioner No,1 is the complainant of the above-mentioned criminal case whereas petitioner No,2 is the alleged victim. On 22-2-1999 the local police had submitted a report before the learned Illaqa Magistrate recommending discharge of respondent No,3 as, according to the said report, the victim had not supported the allegation against respondent No,3 before the police and had further stated that her earlier statements implicating respondent No,3 had been made by her at the behest of others. Agreeing with the said reports the learned Magistrate section 30, Dunyapur had passed the impugned order whereby respondent No,3 was discharged.
3. After hearing the learned counsel for the petitioner and going through the documents annexed with this petition it may be observed that an order of discharge is merely an administrative executive order regarding custody of an accused person. It, by no stretch of imagination, can be construed to be an order regarding cancellation of a criminal case or termination of prosecution. It is settled law that an order of discharge only means that physical custody of an accused person is not required for the time being and upon discovery of fresh evidence or availability of fresh material the local police can always re-investigate the matter after getting the necessary permission in that regard from the concerned Magistrate. The impugned order passed by the learned Magistrate section 30, Dunyapur on 3-3-1999 is a reasoned order and have found no perversity of reasoning or illegality of approach therein. In view of the fact that the victim herself had not supported the prosecution case before the local police it appears that the local police was quite justified in seeking discharge of respondent No,3 and the learned Magistrate was also amply justified in passing the impugned order.
4. At this stage the learned counsel for the petitioners states that in view of the observations made above regarding the criminal case being still alive the grievance of the petitioners stands redressed and their apprehensions allayed.
5. In view of this statement made by the learned counsel for the petitioners no further action is called for in this petition and the same is disposed of within the observations made above.