' Cr. P. C. For quashment of proceedings in a complaint case under sections 307/ 34 and 395/324/34/328, P. P. C. Pending in the Court of Assistant Commissioner Marian. The petitioners moved a similar petition (Cr. M. No, 78-Q of 1976) about the same complaint before my learned brother Aslam Riaz Hussain, J. (now the Chief Justice) but the same was dismissed vide his order dated 2-2-1976 as being without any merits. Criminal Misc. No, 160-Q of 1977 (the present petition) has been moved once again on the additional ground that the learned Assistant Commissioner after the dismissal of the first quashment petition by this Court had forwarded the complaint for enquiry under section 202, Cr. P. C. Which was enquired into by Kanwar Azmat Ali Khan, M. I. C.
Kharian. The report of the Magistrate has been placed with this petition to show that he did not find Dr. Haji Ahmad Bhatti and his daughter Mst. Khalida Adib Akhtar guilty but against Muhammad Iqbal only a case under section 323 was made out.
2. I have heard the learned counsel for the petitioners as well as the learned counsel for the respondent and perused the record of this case carefully with their assistance. The only point urged in this case before me is that in view of this new situation, the order of dismissal of the earlier petition by this Court was not operative and the learned Assistant Commissioner as bound by the information of the Magistrate who had conducted the enquiry under section 202, at his instance.
While reading through sections 202, 203 and 204, Cr. P. C. I am of the considered opinion that the contention of the learned counsel for the petitioners is without substance. A Magistrate on receipt of a complaint of an offence of which he is authorised to take cognizance or, which has been transferred to him under section 192, may if he thinks fit, for reasons to be recorded in writing postpone the issue of process for compelling the attendance of the person complained against, and either inquire into the case himself or, if he is a Magistrate other than a Magistrate of the third class, direct an inquiry or investigation to be made by any Magistrate subordinate to him, or by a police-officer, or by such other person as he thinks fit, for the purpose of ascertaining the truth o falsehood of the complaint. After the Magistrate enquiring into the case under section 202, submits his report, the Magistrate before whom the A complaint is made can dismiss the same after taking into consideration the statement on oath of the complainant and the result of investigation or enquiry with a brief order giving his reasons for doing so. But under section 204, Cr. P. C. If the Magistrate is of the opinion that there is a sufficient ground for proceeding with the case, he can summon the accused persons. Section 204, Cr. P. C. Does not provide that the said Magistrate is bound by the opinion either of the Investigating Officer, or of the Magistrate to whom such enquiry was entrusted. He has got vast power under this section of the Cr. P. C. To formulate his opinion on the facts so placed before him without recording any further evidence.
3. In the instant case, keeping in view the earlier dismissal of the petition (Cr. M. No, 78-Q of 1976), the fresh ground agitated through this present petition is repelled in view of the clear language of section 204, Cr. P. C. The trial Court should be informed to proceed with this case on merits without any further delay.