Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 173---Submission of Challan---Re-investigation of case---After investigating case and submission of final report, police is left with no authority to reinvestigate matter once again---All evidence collected by police is placed before Court for determination of innocence or guilt of accused person. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 204---Penal Code (XLV of 1860), Ss.302 & 337-J---Qatl-i-amd, causing hurt by means of poison---Constitution of Pakistan, Art.199---Constitutional petition---Re-investigation of police case---Private complaint---FIR on the allegations of qatl-i-amd and causing hurt by means of poison was registered against accused persons, police completed investigation and submitted investigation report---Complainant dissatisfied with police report filed private complaint in which accused persons had been summoned---On the application of accused, a new Investigating Officer was appointed for re-investigation---Validity---Investigation of police had no bearing upon merits of private criminal complaint which was to be decided by Court of law independently without being influenced by investigations---High Court set aside the order passed by police authorities and investigation carried out by Investigating Officer was coram non judice and had no bearing upon the merits of the case---High Court directed Trial Court to decide private complaint independently without being influenced from subsequent investiga-tions conducted by police---Petition was allowed in circumstances. Riaz Hussain and others v. The State 1986 SCMR 1934; Bahadur Khan v. Muhammad Azam and 2 others 2006 SCMR 373; Muhammad Nisar Cheema v. Mazhar Javed PLD 2007 SC 31; Liaquat Ali Virk v. Inspector General of Police, Lahore PLD 2010 Lah. 224; Muhammad Yousaf v. The State and others 2000 SCMR 453; Khalid Javed v. Board through Deputy Inspector General of Police (Investigation), Lahore and 5 others PLD 2009 Lah. 101; Muhammad Hafeez v. District Police Officer Narowal and 4 others 2010 YLR 3142 and Amir Masih's case 2013 SCMR 1059 ref. JUDGMENT SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Through this petition filed under…

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