Law: Criminal Procedure Code (V of 1898)

Section: 561A

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of Chief Court---Re-investigation---Scope---Complainant's son was murdered---First Information Report was lodged and accused persons were interrogated and sent to judicial lock up---Except one all accused persons were released on bail---Complainant claimed that a Jirga was held and during its proceedings respondents (another set of accused persons) confessed their guilt regarding murder of son of accused, but police did not arrest the said respondents---Validity---Although there was no bar to carry out a fresh investigation even after submission of challan, but circumstances of each criminal case varied from each other and no omnibus rule could be laid to be followed---Re-investigation was always carried out at the instance of influential people for obtaining favourable reports, which in no way assisted the courts in coming to a correct conclusion rather it created more complications---Investigation of a criminal case was sole domain of police and Chief Court did not ordinarily pass orders in matter regarding re-investigation of a criminal case until and unless some extraordinary circumstances existed---Petition, being not maintainable, was dismissed. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.- The instant Criminal Miscellaneous No.167/2018 has been filed by the complainant/petitioner Mussa Khan, father of deceased Sudair Abbas, who was murdered on 22-07-2017. Some of the accused booked in the FIR No. 62/2017 of Police Station Basin were interrogated and sent to judicial lock up, who except one namely Muhammad Nabi were released on bail by this Court. 2. The petitioner claims that a jirga of the notables of the area was held and during the proceeding of jirga respondents Nos. 4 to 6 confessed their guilt before the jirga regarding murder of son of the petitioner. The petitioner stated that he submitted an application to respondent No. 2, who directed respondent No. 3 to take necessary action against the respondents Nos. 4 to 6 but SHO Police Station Basin did not pay any heed to the direction issued by respondent No. 2. 3. The learned counsel for the petitioner submitted that son of the…

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