Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 561-A---Penal Code (XLV of 1860), Ss. 420, 406 & 34---Constitution of Pakistan, Art. 199---Constitutional petition---Cheating, criminal breach of trust and common intention---Cancellation of case in column 'C' by Judicial Magistrate---Further investigation by police---Scope---Contention of accused was that order of Judicial Magistrate cancelling the case was still intact and subsequent investigation could not be initiated---Validity---Further investigation could not be conducted unless order passed on charge sheet submitted under S. 173, Cr.P.C. was set aside---Police could conduct fresh investigation of a case if first investigation was found unsatisfactory with sound and plausible reason after submission and acceptance of first and final report---Same Police Officer or his superior could not revive the investigation already done---Another investigation could be undertaken by the police on further information received in the shape of evidence and on conclusion of investigation into the crime by the Police Officer---In the present case, no prejudice was caused to the accused on submission of charge sheet---Previous investigation conducted was arbitrary, capricious, whimsical and dishonest as same had not been conducted in a manner to bring the truth on the surface to save the innocent person from agony of trial---Investigation could only be intervened to save fundamental and legal right of the parties or where mala fide and excess of jurisdiction was available---Accused could not point out that investigation was not transparent nor independent and suffered from any illegality or irregularity or same was conducted with mala fide or without jurisdiction---Constitutional petition was not sustainable which was dismissed in circumstances. Ghulam Sarwar Zardari v. Piyar Ali alias Pyaro 2010 SCMR 624 and Talib Hussain and another v. Muhammad Aslam and another 1997 PCr.LJ 56 ref. Ghulam Sarwar Zardari v. Piyar Ali alias Pyaro 2010 SCMR 624 distinguished. Bahadur Khan's case 2006 SCMR 373; Muhammad Nasir Cheema v. Mazhar Javed PLD 2007 SC 31; Zeeshan alias Shani v. The State 2012 SCMR 428; Muhammad Yousuf v.…

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