Law: Criminal Procedure Code (V of 1898)

Section: 156,173

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 156 & 173---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, act of terrorism, possessing explosive substance---Competence of Police authorities to entrust a criminal case for re-investigation after submission of complete challan in the court---Scope---Held, that the Police authorities had the powers to re-investigate a case, if facts of the case so required---No bar existed for re-investigation of a criminal case, even after submission of final report under S.173, Cr.P.C.; however, re-investigation could not be allowed when a criminal case had been finally disposed of by the Trial Court. Raja Khurshid Ahmad v. Muhammad Bilal and others 2014 SCMR 474 and Bahadur Khan v. Muhammad Azam and 8 others 2006 SCMR 373 ref. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The petitioner throuah instant petition has approached this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayer:- "It is, therefore, humbly prayed that on acceptance of this petition, by invoking the Constitutional powers of this august Court, conferred under Article 199 of the Constitution this august Court may very graciously be pleased to declare the order No.4346-47/R/Inv/Hqrs dated 09.12.2015 of Respondent No.4 void ab initio, ultra vires and of no legal effect and he quashed along with any proceedings or result ensues thereon." 2. The brief facts leading to filing of the instant petition are that the present accused/petitioner along with others was charged in case F.I.R. No.276 dated 08.05.2015 under sections 302/324/109 P.P.C. read with section 7 ATA and sections 3/4 of Explosives Substances Act in Police Station Sarai Saleh, Haripur. The local police after investigation in the case submitted complete challan on 08.07.2015 before the Anti-Terrorism Court, Hazara Division, Abbottabad. Later on, the learned Judge, Anti-Terrorism Court vide order dated 10.07.2015 transferred the case to Sessions Judge, Haripur, which order was impugned by the present petitioner before this Court in W.P. No.2701-P/2015, which was finally allowed by this Court vide judgment dated 03.09.2016 by…

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