Powers of High Court under S.561-A, Cr.P.C.

-    Prima facie it appeared that entire material collected by the Investigating Officer, was considered by the Magistrate and then passed the order on merits and discussed all merits and demands of the case---Validity---Powers of High Court under S.561-A, Cr.P.C. were to be used not in each and every case, but rarely in appropriate cases and there must be a material on the basis of which orders passed by the courts below be set aside---When two courts below came to the conclusion that no fruitful result would be achieved, if matter proceeded, no interference was required---Magistrate was not to fill the lacuna left by the Investigating Officer and to act as Investigating Officer of the case or to be a party, but he had only to scrutinize the matter on available material and it would depend upon him to agree or disagree with police report---Counsel for applicant had failed to show any illegality which amounted to an abuse of the process of law---Orders passed by the two courts below were proper, legal and in accordance with law and no illegality or material irregularity was committed by the courts below.

Matahir Shah    Versus    State
2009 MLD 156
Karachi High Court, Sindh.