Case Details

Citation(s)
2017 SLG 938 2017 SLD 938 2017 PLJ 117
Lahore High Court
W.P. No. 24703 of 2014, decided on 16.9.2015. Date of hearing: 16.9.2015.
ABDUL SAMI KHAN, JUSTICE, JAMES, JOSEPH, JUSTICE
Mr. Waqar Hassan Meer, Advocate for Petitioner. Mr. Sattar Sahil, AAG for
Respondents.

AAMIR SALEEM (EX-SHO) P.S. SABZAZAR

VS

HOME SECRETARY, PUNJAB THROUGH GOVERNMENT OF PUNJAB, LAHORE AND 3 others- --RespondentS

Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 302, 34, 324, 353, 186, 148, 149, 290, 427, 506-B & 109--Arms Ordinance, (XX of 1965), Ss. 13/20/65--Anti-Terrorism Act, (XXVII of 1997), Ss. 7 & 19(2)(5)--Constitutional petition--Investigation conducted by JIT--Anti-encroachment gang staff--Removing barriers/barricades--Death of 14 persons and injured--Judicial Commission--Fare and independent investigation is statutory right--Obligation of police--Validity--Courts can neither directly interfere nor influence investigation officers in investigation--It is statutory duty of police to investigate into commission of a cognizable offence on basis of report having been made to that effect--It is settled law that after submission of challan FIR cannot be quashed--It goes without saying that after submission of challan in trial Court an accused person deems himself to be innocent and falsely implicated and he wishes to avoid rigours of a trial then law has provided him a remedy under Sections 249-A/265-K, Cr.P.C. to seek his premature acquittal if charge against him is groundless or there is no probability of his conviction--Out of so many accused, only one person/petitioner has approached High Court in that regard--It is settled law that FIR cannot be quashed partially. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE Through this petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has called in question the investigation conducted by JIT so far in case No. 510/2014 dated 17.6.2014 offence under Section 302, 34, 324, 353, 186, 148, 149, 290, 427, 506-B, 109, PPC read with Section 13.10.65 Arms Ordinance, read with Section 7 of Anti-Terrorism Act, 1997, Police Station Faisal Town, Lahore be declared null and void ab-initio, without lawful authority and the Respondent No. 2 be directed to make available the report of learned Judicial Commission to the public as well as the petitioner. 2. Precisely, the germane events forming the background of this petition are that on 17.6.2014, Assistant Commissioner Model Townalongwith his Anti-Encroachment Gang Staff went to…
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