| Citation(s) |
|---|
| 2016 SLG 2177 2016 SLD 2177 2016 YLR 495 |
Lahore High Court
Writ Petition No. 21032 of 2015, heard on 15-07-2015.
: FARRUKH GULZAR AWAN, JUSTICE
Munir Ahmad Bhatti for Petitioner. Sarfraz Khan Gondal for
Respondent No.3. Ch. Iftikhar Iqbal Ahmad, Deputy Prosecutor General Ghulam Mustafa DSP and Afzal, A.S.-I. for the State.
Writ Petition No. 21032 of 2015, heard on 15-07-2015.
: FARRUKH GULZAR AWAN, JUSTICE
Munir Ahmad Bhatti for Petitioner. Sarfraz Khan Gondal for
Respondent No.3. Ch. Iftikhar Iqbal Ahmad, Deputy Prosecutor General Ghulam Mustafa DSP and Afzal, A.S.-I. for the State.
MIAN IFTIKHAR AHMAD
VS
. D.S.P. RANGE CRIME BRANCH AND 2 OTHERS
Law:
Section:
(a) Police Order (22 of 2002)--- ----Art. 18-A [as substituted by Punjab Police Order (Amendment) Act (XXI of 2013)]---Criminal Procedure Code (V of 1898), S. 173---Penal Code (XLV of 1860), Ss. 365 & 511---Kidnapping or abducting with intent secretly or wrongfully to confine a person, attempt to commit offences punishable with imprisonment for life or for shorter term---Report of police officer---Reinvestigation of criminal case and second transfer of investigation---Principles/permissibility--- Complainant, being dissatisfied with two consecutive earlier investigations, moved application to Regional Police Officer for transfer of investigation, which was accepted---Challan, in the present case, had been sent up to court for trial---Trial Court, having distributed copies of statements to accused under S. 241-A of Cr.P.C, had framed charge against accused and fixed case for recording of prosecution evidence---Impugned order of second transfer of investigation had been passed prior to commencement of trial and third round of investigation was underway---In the present case, matter had been investigated twice and order of second change of investigation had been made by competent authority before framing of charge and commencement of trial---If any material or evidence was to be brought on record, then there was no bar to submit supplementary report under S. 173, Cr.P.C.---Trial had not been finally disposed of---Under Art. 18-A (2) (5) (b) of Police Order, Regional Police Officer had lawfully exercised powers vested in him for second change of investigation---No legal bar existed for reinvestigation of criminal case even after submission of final report under S. 173 of Cr.P.C, but same could be done before commencement of trial---Impugned order had been passed before Trial Court had taken cognizance of matter framing charge---No illegality or infirmity or arbitrary exercise of powers or transgression of powers was shown to have been committed by Authorities while passing the impugned order---Constitutional petition was dismissed in circumstances. Qari Muhammad Rafique v. Additional Inspector-General of Police (Inv.) Punjab and others 2014 SCMR 1499; Raja…
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