Law: Criminal Procedure Code (V of 1898)

Section: 4(l),173,200,204

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 4(l), 173, 200 & 204---Constitution of Pakistan, Art. 199---Constitutional petition---Investigation---Object, scope and purpose---Finding of guilt---Jurisdiction of Investigating Officer---Scope---Petitioner was complainant of F.I.R. in question and was not satisfied with investigation report submitted by Investigating Officer for the reason that some nominated accused were made prosecution witnesses---Plea raised by accused was that Trial Court had started recording evidence and such application of complainant was dismissed by Trial Court---Validity---Investigating agency had no authority to give finding of guilt or innocence regarding accused persons under the provisions of Criminal Procedure Code, 1898, or Police Act, 1861, Police Order, 2002 and Rules framed thereunder---Prerogative of the Court to give finding after recording of evidence and statement of accused regarding guilt or innocence and such finding of police tantamount to debar powers of Court of law---Purpose of investigating agency was to collect evidence and not to hold any person guilty or otherwise---By converting some accused as witnesses, investigating officer did not transgress his authority---Evidence collected during investigation would be properly weighed and scrutinized by Trial Court--- Complainant, if not satisfied with investigation, could file private complaint---Petition was dismissed in circumstances. Anwar Shamim and another v. The State 2010 SCMR 1791 rel. ORDER Petitioner Muhammad Saeed Ahmed through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, prays for setting aside the report under section 173, Cr.P.C. prepared by respondent No.5 on 11-6-2014 with a direction to respondent No.1 to re-investigate the matter by some competent and qualified officer. 2. Brief facts giving rise to this writ petition are that F.I.R. No.3 dated 8-4-2013 registered under sections 201, 218, 419, 420, 468, 471, 409, 109, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 at Police Station FIA/SIU, Islamabad against the nominated accused but only Bilal Ahmed, Abaira…

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