LHC overturns magistrate’s order in vehicle theft case

The Lahore High Court has set aside a magistrate’s order removing an accused from a vehicle theft case, ruling that a magistrate may discharge an accused but cannot effectively acquit or release them by conducting a detailed assessment of evidence before trial, reported 24NewsHD TV channel Wednesday.

Justice Abhar Gul Khan issued the five-page written verdict while accepting a petition filed by citizen Muhammad Abid.

The court declared the magistrate’s March 31, 2026, order null and void and directed the trial court to resume proceedings in accordance with the law.

According to the judgment, the police challan contained prima facie evidence against the accused and the case could not be terminated before a full trial.

The high court observed that the magistrate exceeded the limits of their authority by examining the prosecution evidence in detail at a preliminary stage.

The judgment said a magistrate was only required to determine whether sufficient material existed to send the accused to trial.

Questions involving a written agreement, ownership of the vehicle or the nature of the dispute should be decided after evidence is recorded during the trial, the court ruled.

The high court said the terms “discharge” and “release” were not interchangeable in criminal proceedings and that a magistrate’s powers at the pretrial stage were limited.

It added that where the available record disclosed a prima facie case, the proper course was to allow the trial to proceed rather than deciding disputed facts in advance.

The court consequently overturned the trial court’s decision in the vehicle theft case and ordered it to reconsider the matter and continue proceedings under the relevant law.

The ruling was also declared a judicial precedent, clarifying the scope of a magistrate’s authority when examining a police report before trial.

Reporter: Malik Ashraf