JAN NABI, EXECUTIVE ENGINEER vs The STATE
This matter arises from a petition filed by Jan Nabi and others against an order of the Sessions Judge Diamer, which recalled and reversed earlier orders of the Judicial Magistrate Diamer discharging petitioners Nos. 1 to 11 from a criminal case registered via FIR No. 70/2014 at Police Station Chilas. The core legal question concerned the legality of the Sessions Judge's order reversing the discharge of petitioners who were not even challaned by the police upon completion of the investigation. The Gilgit Baltistan Chief Court held that since the police challan did not charge petitioners Nos. 1 to 11, the impugned order of the Sessions Judge could not operate against them, while petitioner No. 12 was left free to seek alternative relief. The petition was consequently allowed to the extent of petitioners Nos. 1 to 11 and dismissed regarding petitioner No. 12.
- Can a Sessions Judge reverse the discharge order of a Judicial Magistrate against persons not challaned by the police?
- Does an order of discharge passed by a Judicial Magistrate attain finality if left unchallenged by the prosecution?
- What is the legal effect of an impugned revisional order on accused persons whose names do not appear in column No. 3 or 4 of the police challan?
' MUHAMMAD ALAM, J.---Petitioners felt aggrieved from the order dated 3/9/2015 of the Sessions Judge Diamer that he passed in Sessions Case No,112/2015, and filed this petition. Through the impugned order, the learned Sessions Judge Diamer recalled/reversed the judgment/order dated 21-11-2014 and order dated 17-11-2014 of the learned Judicial Magistrate Diamer.
2. Police of Police Station Chilas district Diamer chalked FIR No,70/2014 against Mr. Isfandiyar and Wazir Tajwar for the offences described in the said FIR. Police of said Police Station conducted investigation but before conclusion of the investigation, petitioners as well as accused Isfandiyar and accused Mr. Tajwar obtained pre arrest bail. Later on, petitioners Nos.1 to 11 were arrested by the police and were released on post-arrest bail. On 21-11-2014, the Judicial Magistrate Chilas discharged petitioners Nos.1 to 11 from the case. Prosecution did not challenge the said order of Judicial Magistrate and the same attained finality. Through impugned order, the learned Sessions Judge, Diamer reversed the orders of Judicial Magistrate, Diamer.
3. We have heard learned counsel for parties and the learned Deputy Advocate General. The admitted state of affairs is that, by now, police of Police Station Chilas has submitted challan of the case wherein police has charge sheeted three accused in all, out of whom name of accused Isfandiyar son of Ghulam Rabbani and name of petitioner No,12 of this petition is found written in column No,3 while name of Wazir Mohammad Tajwar, is found written in column No,4 of the challan. So petitioners Nos.1 to 11 are not among the accused of the challan.
4. In view of above circumstances, we are of the opinion that impugned order will not operate against petitioners, except petitioner No,12. We further hold that petitioner No,12 is free to move the court for any relief if so advised.
5. In the result, we allow this petition but to the extent of petitioners Nos.1 to 11 and petition stands dismissed to the extent of petitioner No,12. This file be consigned to record.