LAHORE: The Lahore High Court proceeding with a petition against a magistrate noted that law in the Punjab contains no specific provisions prescribing the further course of action for dismissal of a case or consigning it to the records where the magistrate concur with the prosecutor’s opinion.
The court, therefore, recommend that the central legislature ought to enact similar provisions, in even more effective form, within the Code, or alternatively, the provincial assembly of Punjab should incorporate such provisions into the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006.
The court said, at present, the prosecutor general directs prosecutors to freely tender prosecutorial opinions to the courts regarding the unfitness of cases for trial.
The court said that where the magistrate concurs with the opinion of the prosecutor that a case is not worthy of trial, he may exercising under Section 249 CrPC release the accused by discharging him, either independently or with the prior sanction of the sessions judge.
In the case of a sessions trial, such authority vests in the court under Section 265D CrPC.
The court observed that once a case has been consigned to the records under the aforesaid provisions, it remains capable of being reopened upon an application filed by the prosecutor, the aggrieved person, or the accused. Upon reopening of the case, both the magistrate and the court are empowered, on the application of the accused, to exercise jurisdiction to acquit the accused under Sections 249A and 265K of the CrPC, as the case may be, the court added.
The court, however, said in the present matter, concurring with the opinion of the concerned prosecutor, the magistrate declined to issue process against the petitioner and consigned the case to the records and failed to act in accordance with law.
The court, therefore, set aside the impugned order and advised the petitioner, Muhammad Arshad, to file a fresh application before the magistrate seeking revival of the case.
Copyright Business Recorder, 2026
Comments