Case Details

Citation(s)
2019 SLG 1734 2019 SLD 1734 2019 PCRLJ 1172
Lahore High Court
Criminal Revision No. 205741 of 2018, decision & hearing Dated: 11-02-2019.
MUHAMMAD WAHEED KHAN, JUSTICE
Petitioner(s) by: Farrukh Gulzar Awan
Respondent(s) by: Mian Muhammad Umer Shahzad No.2.

MUHAMMAD AMEEN AND OTHERS

VS

THE STATE AND OTHERS

Law: Police Order (22 of 2002)

Section: 155,155(2),155-C,156A,157

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,337-F(iii)

Law: Criminal Procedure Code (V of 1898)

Section: 22A(6),200,204,439

Police Order (22 of 2002)--- ----Art.155(2)---Criminal Procedure Code (V of 1898), Ss. 200 & 204---Private complaint---Defective investigation---Proceedings against police officials---Scope---Petitioners were police officials who were aggrieved of process issued by Trial court in a private complaint on allegation of defective investigation in a murder case---Validity---Prosecution could be initiated against police officers on basis of defective investigation on report in writing by an officer authorized in such behalf under law---Private complaint filed by complainant was not maintainable against petitioners as they were police officials---Two venues were available to complainant, firstly, if Trial Court had come to conclusion that investigating officer had interrogated matter with mala fide intention or with some ulterior motive during course of investigation then it could order for prosecution under Art. 155 of Police Order, 2002; secondly, complainant could move an application to high-ups of police department by availing remedy available under law---High Court set aside complaint filed against petitioners as same was not maintainable---Revision was allowed accordingly. Haji Muhammad Qasim and others v. Muhammad Jahangir Khan and another 2007 YLR 3209 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD WAHEED KHAN, J.--- I intend to dispose of the instant criminal revision as well as Criminal Revision No.129020 of 2018 (Nabeel Ahmad v. The State etc.) through this single judgment as both are outcome of the same impugned order. 2. Through the instant criminal revisions filed in terms of section 439, Cr.P.C., the petitioners have assailed the order dated 30.11.2017 passed by learned Additional Sessions Judge, Faisalabad whereby after recording the cursory statement in the private complaint filed at the instance of respondent No.2/Ghulam Sabir the petitioners were summoned to face the trial. 3. The brief facts of the case are that case FIR No.819 dated 30.11.2016 under sections 302, 148 and 149, P.P.C. was registered at Police Station Chak Jhumra on the complaint of Nabeel Ahmad stating therein that on 30.11.2016 at about 4:30 p.m he along with his brothers Adeeb Ali…
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