Case Law (Magistrate may discharge an accused person during investigation but the same has to be done on report of police and not at his own)

 P L D 2020 Lahore 931

(a) Criminal Procedure Code (V of 1898)---

----Ss. 63, 169 & 497---Discharge of accused---Procedure---Magistrate may discharge an accused person during investigation but the same has to be done on report of police and not at his own---If Magistrate considers that there is no case whatsoever against accused person in custody then accused cannot be kept in custody by restricting his right of liberty---Provision of S.497, Cr.P.C. takes care and to order straight away under S.63, Cr.P.C. is contrary to the provisions of S.497, Cr.P.C.

(b) Criminal Procedure Code (V of 1898)---

----Ss. 63 & 161---Penal Code (XLV of 1860), S.406---Criminal breach of trust---Discharge of accused on first day of arrest---Complainant was aggrieved of discharge of accused by Magistrate on first day of his arrest on the ground that offence under S.406, P.P.C. was not made out---Validity---Submission of report by police was necessary for such discretion to pass order under S.63, Cr.P.C. to discharge accused justly and fairly---Accused was discharged by Magistrate on the first day of arrest despite the fact that statements of complainant and witnesses recorded under section 161 Cr.P.C. were available on record---Magistrate had not already granted physical remand of accused and police could not collect incriminating evidence against them---High Court set aside such mechanical order of discharge and remanded the matter to Magistrate for decision afresh on remand application filed by police---Constitutional petition was allowed in circumstances.