Law:

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Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435/439--Pakistan Criminal Law Amendment Act, 1958, S. 5--Summoning of the accused--Order of fresh investigation of the case--The Court summoned the petitioners to face the trail but on the other hand directed the Circle Officer A.C.E. to conduct fresh investigations in the case--Police after investigation recommended the case for cancellation and placed the report before the Court when the Court proceeded to pass the impugned order--The Court sent the matter to the Circle Officer for investigations under Section 5 of the Pakistan Criminal Law Amendment Act, 1958--Court has no jurisdiction to pass an order for summoning of the accused at the stage when it remitted the case to the Circle Officer for investigations because there was no case before the Court to deal with it--Orders issuing non-bailable warrants in consequence of order are also illegal and not sustainable--The petition is allowed and the order is set-aside to the extent of summoning the accused of the FIR in the Court for facing trial in the case--Rest of the order for remitting case to the Circle Officer A.C.E. for investigations afresh is maintained with modification that under the law, the case can be sent to that Circle Officer in whose jurisdiction the offence was committed--Petition allowed.[Pp. 298 299] A, B, C, D, E F M/s. Kashif Nadeem Malik Hafiz Mian Muhammad Riaz, Advocates for Petitioners. Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State. hearing date: 20.6.2018. ORDER This criminal revision petition is directed against the orders dated 02.07.2013, 11.09.2013 and 04.12.2013 passed by the learned Special Judge Anti-Corruption, D.G. Khan Division, whereby on the one hand, the Court summoned the petitioners to face the trial in case FIR No. 18/2009 but on the other hand directed the Circle Officer A.C.E. Dera Ghazi Khan to conduct fresh investigations in the case. 2. The petitioners and 10 others were charged for commission of the offence as reported through FIR No. 18/2009 and the police after investigation recommended the case for cancellation and placed the report before the Court when the Court proceeded to pass the…

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