Law: Criminal Procedure Code (V of 1898)

Section: 87,88,173,512

Law: Pakistan Penal Code, 1860

Section: 34,109,409,420,468,400

Criminal Procedure Code (V of 1898)--- ----S. 173---Penal Code (XLV of 1860), Ss. 409, 420, 468 & 471---Supplementary challan, filing of---Criminal breach of trust, cheating and forgery---Case was pending before Trial Court where prosecution intended to file supplementary investigation report (Challan) against accused persons who had been declared proclaimed offender---Trial Court declined to accept supplementary investigation report---Validity---Case pertained to "White Collar crime" allegedly committed by accused, who had been declared as proclaimed offender---Nominated accused shown in supplementary investigation report were beneficiary of misappropriated amount and they were also liable to be prosecuted---Trial Court had out-rightly rejected supplementary investigation report without giving due weight to documents and evidence collected during investigation by Investigating Officer---Such approach of Trial Court was not tenable under law because law stipulated decision of controversies on merits rather than on technicalities---Reinvestigation of a case even after submission of final challan was not barred under law but Trial Court completely ignored such aspect of the matter---High Court set aside order passed by Trial Court as it was unjust and improper and could not be sustained in eyes of law---High Court directed the Trial Court to accept supplementary investigation report (Challan) and proceed with matter in accordance with law---Revision was allowed accordingly. Raja Khurshid Ahmed v. Muhammad Bilal and others 2014 SCMR 474 and Bahadur Khan v. Muhammad Azam and 2 others 2006 SCMR 373 rel. Muhammad Hanif Pathan v. The State and 3 others PLD 1999 Kar. 121; Mustafa and others v. The State 2009 YLR 1375; Muhammad Akbar v. The State and another 1972 SCMR 335; Mitho alias Muhammad Mithai v. Province of Sindh through Secretary Home Department and 15 others 2018 PCr.LJ 101; Asif Ali v. Province of Sindh and 10 others 2016 PCr.LJ 1484; Rao Muhammad Shakir v. Province of Sindh and 6 others PLD 2015 Sindh 213 and Munir Ahmad v. Additional Inspector General of Police, Punjab and 6 others 2016 MLD 2039 ref. THIS JUDGMENT DELIVERED BY: SHAMSUDDIN ABBASI, J.---…

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