| Citation(s) |
|---|
| 2023 SLG 319 2023 SLD 319 2023 YLR 261 |
Sindh High Court
Civil Revision No. S-71 of 2001, decided on 12th January, 2022.
MUHAMMAD, JUNAID GHAFFAR, JUSTICE
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Civil Revision No. S-71 of 2001, decided on 12th January, 2022.
MUHAMMAD, JUNAID GHAFFAR, JUSTICE
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KISHANCHAND and others--Applicants
VS
Syed MOHAMMAD ZULFIQAR NAQVI and 3 others
Law: Police Order (22 of 2002)
Section: 18-A(2)
Law: Criminal Procedure Code (V of 1898)
Section: 173
Law: Penal Code (XLV of 1860)
Section: 324,337-A(i),337-F(iii),148,149
Law: Constitution of Pakistan, 1973
Section: 199
Police Order, 2002--- ----Art. 18-A(2)--- Criminal Procedure Code (V of 1898), S. 173---Penal Code (XLV of 1860), Ss. 324, 337-A (i), 337-F(iii), 148, 149---Constitution of Pakistan, Art. 199---Constitutional petition---”Further investigation” and “re-investigation”---Distinction---Second change of investigation---Attempt to Qatl-i-Amd, Shajjah-i-Khafifah, Ghayr-Jaifah Mutafahimah and rioting armed with deadly weapons were alleged in FIR---Petitioner was aggrieved of order passed by authorities directing second change of investigation--- Validity--- Further investigation, was continuation of earlier investigation and not a fresh investigation or re-investigation to be started ab initio wiping out the earlier investigation altogether---Further investigation was done to find a concrete evidence or strong evidence against the person whereas re-investigation was done when case was on wrong track or convicted was found not guilty and criminal was on loose---First Information Report was registered on 26-12-2020 and after two successive investigations one accused was found involved whereas other four were found innocent and challan was put into the Court---Recommending second change of investigation by Board mentioned in its report that investigation was not conducted on right lines---No reasons were mentioned in the order for transfer of…
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