| Citation(s) |
|---|
| 2017 SLG 217 2017 SLD 217 2017 PLJ 81 |
Lahore High Court
Crl. Revision No. 344 of 2015, decided on 1.2.2016. heard on: 1.2.2016.
SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE
Khawaja Qaiser Butt, Advocate for Petitioners. Mr. Shakeel Javaid Choudhry, Advocate for Petitioner (in Crl. Rev. No. 272 of 2015 and for
Respondent No. 2 in Crl. Rev. No. 344 of 2015). Mr. Muhammad Masood Bilal, Advocate for
Respondent.
Crl. Revision No. 344 of 2015, decided on 1.2.2016. heard on: 1.2.2016.
SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE
Khawaja Qaiser Butt, Advocate for Petitioners. Mr. Shakeel Javaid Choudhry, Advocate for Petitioner (in Crl. Rev. No. 272 of 2015 and for
Respondent No. 2 in Crl. Rev. No. 344 of 2015). Mr. Muhammad Masood Bilal, Advocate for
Respondent.
MUHAMMAD RIZWAN BABER & 2 others
VS
STATE & Another
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)---- --------Ss. 439, 154 to 157----Pakistan Penal Code, (XLV of 1860), S. 161----Prevention of Corruption Act, (II of 1947), S. 5----Criminal revision----Cancellation of reports----Cognizance of case----Special Judge, while disagreeing with cancellation reports, has observed that I.O., cannot recommend cancellation of case or droppage of same, at investigation stage----Under such misdirection, Court proceeded to disagree with cancellation reports and summoned respondents to face trial----Observation made by Court below amounts to withdrawal of powers from I.O., to prepare discharge report in case which is against spirit of Sections 154 to 157, Cr.P.C.----Under Section 154, Cr.P.C., SHO is bound to record statement of a person reporting commission of cognizable offence whereas, under Section 155, Cr.P.C., if, SHO finds that offence committed, is non-cognizable, then to seek permission from Magistrate to investigate same----Section 156 of Cr.P.C., authorizes SHO to investigate any cognizable offence whereas under Section 157, Cr.P.C., if, from information received or otherwise, SHO has reasons to suspect commission of offence, he shall forthwith, send a report of same to Magistrate----Further under Section 158, Cr.P.C., every report sent to magistrate under Section 157, Cr.P.C., in required to be submitted through such superior officer of police----According to Art. 24.5 of Police Rules, 1934, cancellation report through superior officer of police, is required to be submitted before Court----Investigating agency, cannot recommend cancellation of case or droppage of same, summarily----Orders passed by Court below, are found to be in violation of provisions of law, as such, same are liable to be set aside----Petitions were accepted. THIS ORDER PASSED BY: SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE:---.--- Since, common question of law and fact is involved in the instant petition (Crl. Revision No. 344 of 2015) as well as Crl. Revision No. 272-2015, therefore, the same are being decided through this single order. 2. In both the revision petitions, the petitioners have assailed the vires of order dated 21.09.2015 (Crl. Revision…
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