33/2010 Cr.Misc. Muhammad Nazim Rao (Appellant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Judge Mr. Justice Gulzar Ahmed, Hon'ble Mr. Justice Shahid Anwar Bajwa
Order Date: 21-DEC-10
It is apparent that after submission of report under section 173 Cr.P.C./Challan, the Magistrate taking cognizance of the offence or Trial Court taking cognizance of the case can take cognizance of any offence disclosed by the material available on the record of investigation even if the police has not invoked the penal provision. This being the state of law dealing with the power of the Court regarding taking of cognizance of offence, it cannot be said that the learned Administrative Judge was not legally competent to take cognizance pursuant to the order/report of Anti Terrorism Court No. II and apparently we find no illegality in the sameFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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