Law: Criminal Procedure Code (V of 1898)

Section: 156,265-D

Criminal Procedure Code (V of 1898)--- ----Ss.156 265-D---Investigation into cognizable cases---Framing of charge---Scope assailed submission of supplementary challan after re-investigation and cognizance of case taken by Magistrate on such challan---Amended charge in conformity with the supplementary challan had already been framed by the Trial Court and the case was scheduled for recording evidence of prosecution witnesses---Framing of the charge against petitioners was a judicial order, which was not challenged by the petitioners, which implied that petitioners had accepted the commencement of trial---Reversing the entire proceedings as suggested by petitioners to its beginning by declaring the order of re-investigation as illegal was unjustified---Constitutional petitions were dismissed. Ghulam Sarwar Zardari v. Piyar Ali alias Piyaro and another 2010 SCMR 624 distinguished. Bank of Punjab and another v. Haris Steel Industries (Pvt.) Ltd. and others PLD 2010 SC 1109 ref. ORDER IRSHAD ALI SHAH, J.---- The facts leading to passing of instant order are that an FIR bearing Crime No.85 of 2014 under section 364, P.P.C., was lodged by Shafique Ahmed with PS A-Section Shaheed Benazirabad with regard to abduction of his brother Maqsood Ahmed against the petitioners. On intervention of this Court, on investigation it was concluded by joint investigation committee that Maqsood Ahmed was having illicit terms with Mst. Sumera wife of accused Aftab Ahmed for which he was killed and thrown in Rohri Canal on Karap basis. Consequently, an interim challan under section 344, Cr.P.C was submitted by police before learned Civil Judge and Judicial Magistrate-III, Nawabshah for trial of the accused under section 364, P.P.C. It was accepted by learned Civil Judge and Judicial Magistrate-III, Nawabshah to be final vide his order dated 02.11.2014. The case was sent up to the Court of Session. The charge against the accused was framed for an offence punishable under section 364, P.P.C. In the meanwhile, on application of complainant Shafique Ahmed the Inspector General of Police vide his order dated 03.08.2016 directed re-investigation of the case to be conducted by Inspector Ghulam…

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