Magistrate concerned to pass order under Section 63 of the Code of Criminal Procedure to discharge the accused persons.

The above said view finds support from the judgment of Apex Court reported as Hidayatullah and others v. State through Advocate General NWFP, Peshawar (PLJ 2006 SC 1437) wherein it was invariably held:- 

„8. It is a settled principle of law that it is the discretion of the magistrate concerned to pass order under Section 63 of the Code of Criminal Procedure to discharge the accused persons. However, the discretion must be exercised by the concerned magistrate justly, fairly and in case discharge order was passed by magistrate mechanically without application of his independent mind to the facts of the case, blindfolded acceptance of a recommendation of the police in that regard, perversity of reasoning and adoption of a procedure which offends against the letter and spirit of the law relating to discharge, then High Court has ample jurisdiction to interfere and set aside such an order Section 561-A Cr.P.C. See Arif Ali Khan and others v. The State & others (1993 SCMR 187) and Muhammad Sharif & others v. The State and another (1997 SCMR 304).” (underline for emphasis)

  Part of Judgment 

IN THE LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI.

Writ Petition-Criminal proceedings-Detention/habeas
1421-20

2020 LHC 1825