Law: Penal Code (XLV of 1860)

Section: 365/382/342/148/149

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----Ss. 365/382/342/148/149---Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006), Ss.9 & 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---District Public Prosecutor while scrutinizing the cancellation report submitted by the Investigating Officer in the case, did not agree with the same and directed the S.H.O. to prepare challan under S.173, Cr.P.C. against the accused for their trial in the Court in accordance with law---Validity---Sections 9 and 10 of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, did not authorize the Public Prosecutor to direct for submission of report/challan under S.173, Cr.P.C. against the accused for their trial or to recommend Departmental inquiry or registration of criminal case against the Food Inspector--Public Prosecutor had no authority to assume and abdicate the function, authority and jurisdiction of Trial Court and he had travelled beyond his jurisdiction and committed a grave illegality by issuing the aforesaid directions to S.H.O.---Function of Public Prosecutor was only to pin point the defects in investigation as well as in the report and to direct the Investigating Agency to remove the same---Trial Court, however, while passing orders even on the cancellation report could issue necessary direction to the Investigating Officer after examining and perusing the available material to submit challan against the accused---Public Prosecutor had no jurisdiction to direct the S.H.O. for doing the same---Impugned direction was set aside and the constitutional petition was ,accepted accordingly. Fayyaz Ahmed and another v. The State and others 2008 PCr.LJ 805 rel. Rasoolan Bibi v. Additional Sessions Judge and others Writ Petition No.14672 of 2008 ref. ORDER M.A. ZAFAR, J.--- Brief facts of the case are that on the written application of Arif Hussain alias Muhammad Javed a case under sections 365, 382, 342, 148, 149, P.P.C. was registered with Police Station Hajipura, District Sialkot vide F.I.R. No.586 of 2008, dated 28-8-2008 regarding the occurrence having allegedly taken place on 25-6-2008. 2.…

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