Law: Criminal Procedure Code (V of 1898)

Section: 22A,22-B,497,498

Law: Police Order (22 of 2002)

Section: 155(C)

Law: Pakistan Penal Code, 1860

Section: 337A(i),342,427,452

Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), Ss.452/427/342/337-A(i)---House trespass, causing damage, wrongful confinement, causing hurt---Criminal Revision---Sessions Court while disposing of pre-arrest bail application of accused had made certain observations in respect of improper and illegal investigation made by the Investigating Officer, present petitioner, in the case and directed the CPO for taking action against him in accordance with law---Validity---Court while disposing of any Criminal matter was primarily duty bound to see if the investigation in the case had been conducted properly and in accordance with law, and to point out any illegality if found therein---Such powers are always inherently provided to the court under the Statutes in which the proceedings were being conducted---No illegality had been committed by the Sessions Court in making the adverse observations against the petitioner Investigating Officer and directing initiation of action against him according to law---Revision petition was dismissed accordingly. Khizar Hayyat and others v. I.G. Punjab Police and others PLD 2005 Lah. 740 and Bashiran Bibi v. Nisar Ahmad PLD 1990 SC 83 ref. THIS ORDER PASSED BY: SAGHEER AHMAD QADRI, J.--- Brief facts in order to dispose of this Criminal Revision are that while disposing of pre-arrest bail application moved by Muhammad Shakeel in case F.I.R. No. 610 dated 28-9-2010 under sections 452, 427, 342, 337-A(i), P.P.C, registered at Police Station Saddar Barooni Rawalpindi, learned Additional Sessions Judge in para 6 of the order observed that:-- "Secondly, I felt necessary to bring on record the fact about the conduct of Sardar Ahmad, A.S.-I. who concluded the investigation on Special Oath on Holy Quran against the accused of F.I.R nominated by Shakeel Ahmad into his first information report which is found not warranted in the eyes of law. Such practice is always condemned by all four cornes of law to conclude the investigation on special oath which is not meant for such purpose. Moreover, the superior court time and again announced that no criminal case shall decide on special oath, except on merit of the…

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