Law: Criminal Procedure Code (V of 1898)

Section: 172,173,227

Law: Police Order (22 of 2002)

Section: 18(6)

Law: Pakistan Penal Code, 1860

Section: 308,448,506

(a) Criminal Procedure Code (V of 1898)--- ----S. 173---Police Order (22 of 2002), Art. 18---Re-investigation of case by police after filing of final Challan in Trial Court---Not barred---Exception stated. There is no bar to the reinvestigation of a criminal case, and the police authorities are at liberty to file a supplementary Challan even after submission of the final report under section 173, Cr.P.C. However, this cannot be done after the case has been disposed by the Trial Court. Bahadur Khan v. Muhammad Azam and 2 others 2006 SCMR 373 rel. (b) Criminal trial--- ----Ipsi Dixit of police---Not binding on Court---Principles. A Court of law is not bound by the Ipsi Dixit of police authorities, and rather should formulate its own independent views irrespective of the investigation whether or not to charge the accused with a particular crime. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 227---Penal Code (XLV of 1860), Ss. 308, 448 & 506---Police Order (22 of 2002), Art. 18(6)---Re-investigation of case after Trial Court upheld deletion of S. 308, P.P.C. from F.I.R. by Investigation Officer---Scope---Charge under S. 308, P.P.C. could be framed against accused in case sufficient material was brought on record to prove commission of such offence and convinced Trial Court to do so---Police in such case would not be debarred from carrying out further investigation in case---Trial Court, after filing of supplementary challan including S.308, P.P.C. therein during re-investigation, would again apply its mind as to whether to charge accused with such crime or not. (d) Police Order (22 of 2002)--- ----Art.18(6)---Change of first investigation for passing of final order---Scope---Capital City Police Officer would have nothing to do with such change, rather his role would come into play at stage of second change of investigation---Head of Investigation in general Police would pass such order after applying his mind to facts and circumstances of case and his role was not that of a Post Office. THIS ORDER PASSED BY: SARMAD JALAL OSMANY, JUSTICE:---.--- The issue between the contesting parties is about the re-investigation of the case F.I.R. No.527 dated…

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