Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Order for re-investigation of case--Commencement of trial--Framing of charge--Commencement of trial was not denied by Respondent No. 8--Charge against accused was framed, investigation after commencement of trial could not have been ordered--Memo. dated 20.05.2021 circulated by office of Respondent No. 8 is hereby declared as illegal, without lawful authority having no legal affect--Petition allowed. 2014 SCMR 1488 ref. Mr. Muhammad Sharif KarkhiKhaira, Advocate for Petitioner. Maher Imtiaz Hussain Mirali, Assistant Advocate General for Respondent. Mr. Muhammad Younas Sheikh, Advocate for RespondentNo. 8. Date of hearing: 15.6.2021. ORDER Through this petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner challenges the memo/order served upon the petitioner by Respondent No. 6 suggesting/ indicating the re-investigation of case F.I.R. No. 115 dated 05.08.2020, registered at Police Station HavaliKoranga, Khanewal. 2. Learned counsel for the petitioner argued at some length and concluded with the submission that after the commencement of trial, transfer of investigation was impermissible under the law. 3. Learned counsel for the Respondent No. 8 opposed this petition with vehemence and submitted that the privilege of the Investigating Agency cannot be curtailed as submission of report under Section 173, Cr.P.C. can be submitted at any stage of the trial, thus, the petition was liable to be dismissed. 4. Heard. Available record perused. 5. A review of the record demonstrates that the petitioner is nominated accused of case mentioned above and challenged the vires of the direction of Respondent No. 8. The memo. dated 20.05.2021 signed by Respondent No. 8 is available on record as Annexure-C. Commencement of trial was not denied by Respondent No. 8. The charge against the accused was framed on 07.05.2021, thus, the investigation after the commencement…

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