Law: Criminal Procedure Code (V of 1898)

Section: 156

Criminal Procedure Code (V of 1898)--- ----S. 156--- Re-investigation--- Challan, filing of--- Petitioner was aggrieved of filing of Challan by investigating officer before Trial Court and sought re-investigation into the matter---Validity was named in FIR and he on the basis of investigation was Challaned by police---Court having jurisdiction had already taken cognizance of the offence against petitioner---If petitioner was having feeling that he was innocent and involved in case by police falsely at the instance of complainant party, then he could prove his innocence adequately by putting his defence before Court which had taken cognizance of offence against him---Re-investigation of case was not justified at the cost of trial---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Raja Khurshid Ahmed v. Muhammad Bilal and others 2014 SCMR 474 disinguished. ORDER IRSHAD ALI SHAH, J.--- The petitioner by way of instant constitutional petition has prayed for the following relief; (a) That this Honourable Court may be pleased to direct the respondents to dispose of application of the petitioner pending before respondent No.1 by conducting impartial and fair afresh inquiry/investigation of case/crime No.33/2019, of P.S B-Section Thull and further be please to direct the respondent No.2 not to cause harassment to the petitioner directly or indirectly by issuing threats of registering of criminal cases against the petitioner or his brothers, any case subsequently registered against them be treated as false and fabricated. (b) Costs of the petition be awarded to the petitioner. (c) Any other relief which this Honourable Court deems fit and proper under the circumstances of the case be granted to the petitioner. 2. The facts in brief necessary for disposal of instant constitutional petition are that the petitioner together with rest of the culprits, allegedly after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-i-amd of Mst. Marvi daughter of Dadan, by drowning her in water-course, for that a case was registered by the police at the instance of complainant Dadan. After…

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