Law: Criminal Procedure Code (V of 1898)

Section: 169,154,173

Law: Police Rules, 1934

Section: 24.7

Law: Constitution of Pakistan, 1973

Section: 4,9,10-A,19-A

(a) Criminal Procedure Code (V of 1898)--- ----S. 169---Police Rules, 1934, R. 24.7---Cancellation of cases---Release of accused when evidence deficient---Change of investigation before cancellation of case---Scope assailed order passed by Magistrate whereby he had ordered cancellation of FIR while agreeing with the discharge report prepared by Investigating Officer---Contention of petitioner was that prior to filing the discharge report by the Investigating Officer, DPO (District Police Officer) had changed the investigation---Validity---Discharge report did not carry any endorsement about the first change of investigation and was absolutely criminally silent in that respect---Even the order passed by the Magistrate was lop-sided and in favour of the accused and appeared to have been passed in a mechanical manner without having regard to the allegations contained in the FIR---Order passed by Magistrate was set aside, in circumstances---District Police Officer was directed to re-investigate the matter---Constitutional petition was allowed, in circumstances. Mst. Shamim Bibi v. Judicial Magistrate, Police Station Sahooka and 8 others 2008 YLR 1695 and Zafarul Haq Khan v. Muhammad Amin and others PLD 2005 Kar. 375 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154 173---Information in cognizable cases---Report of police officer---Information regarding development in investigation---Scope---Complainant of a crime report is at least entitled to be informed about the developments occurring with respect to the crime report that he has lodged. Bhagwant Singh v. Commissioner of Police and another AIR 1985 SC 1285 rel. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 154 173---Constitution of Pakistan, Arts. 4, 9, 10-A, 14 19-A---Information in cognizable cases---Report of police officer---Information regarding development in investigation---Scope---Combined reading of Arts. 4, 9, 10-A, 14 19-A of the Constitution of Pakistan suggest that the complainant of a case ought to be informed about all and any developments in relation to a crime report that he has lodged. Bhagwant Singh v. Commissioner of Police and another AIR 1985 SC 1285 rel. ORDER MUHAMMAD SHAN…

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