ABDUL SATTAR Versus State
This criminal matter concerns a revision application filed by the complainant, Abdul Sattar, challenging the Magistrate's order that approved the disposal of a murder case in 'A' class. The core legal question was whether the Magistrate's decision to close the investigation was justified given the evidence gathered by the police. The Sindh High Court examined the investigation papers, which revealed that all witnesses, including the deceased's own children, consistently stated that the deceased, Farman Khan, died a natural death and that no poison had been administered to him. Consequently, the Court held that there was no evidence to warrant putting any person on trial for the alleged murder. The Court affirmed the Magistrate's order, concluding that the application lacked merit. The key principle laid down is that where the investigation conclusively establishes that no offense occurred based on the statements of all relevant witnesses, the Magistrate acts correctly in granting approval for the disposal of the case in 'A' class, thereby precluding the necessity for a trial.
- Is a Magistrate's order approving the disposal of a case in 'A' class sustainable when investigation reveals the death was natural?
- Can a criminal trial proceed when all witnesses state the deceased died a natural death?
ORDER
1. ALI SAIN DINO METLO, J.--- After going through the papers of investigation, the learned counsel for the appellant concedes that there is no evidence for putting Mst. Parveen or any other person on trial for the murder of applicant's brother Farman Khan as all the witnesses in whose presence the deceased had died have stated before the Investigating Officer that the deceased had died natural death and nobody had administered poison to him. His sons Irfan Khan, Suleman, Jibran, Umair and daughters Mst". Hina Khan, Mst. Shela Gul, Mst. Ambreen and Mst. Mehvish have clearly stated that their father died natural death and nobody administered poison to him.
2. In such circumstance, no exception can be taken to the order of the Magistrate for granting approval for the disposal of case in 'A' class. The application, being meritless, is dismissed.
3. H.B.T./A-37/K Application dismissed.