Law: Pakistan Penal Code, 1860

Section: 365

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 365---Constitution of Pakistan, Art.199---Constitutional petition---Kidnapping with intent to secretly and wrongfully confine a person---Accused challenged the Additional Sessions Judge's order directing Judicial Magistrate to call for supplementary challan after addition of relevant sections of law applicable to the case---Validity---Magistrate could not dictate the Police in the process of investigation which was exclusive domain of Police---Excess committed by Police could, of course, be checked but no court or authority was empowered to require the Police to conduct investigation in a particular manner or to submit report with respect to certain persons or offences--Magistrate/Trial Court had all the necessary powers to frame, amend, correct or alter the charge keeping in view material against the accused---Additional Sessions Judge erred in law while passing the impugned order in revision---No criminal trial was pending before the Magistrate who passed the order in question on a miscellaneous application--Section 439-A, Cr. P. C. barred revisional jurisdiction against administrative order passed by Magistrate---Impugned order passed by Additional Sessions Judge was set aside and order passed by the Magistrate was restored---Constitutional petition was allowed. Badaruddin v. Mehr Ahmad Raza, ASJ, Mang and 6 others PLD 1993 SC 399; Abdul Rehman Bajwa v. Sultan and 9 others PLD 1981 SC 522; Muhammad Nasir Cheema v. Mazhar Javaid and others PLD 2007 SC 31; Brig (Retd.) Imtiaz Ahmad v. Govt. of Pakistan through Secretary Interior Division, Islamabad and 2 others 1994 SCMR 2142 and Rana Muhammad Farooque and others v. Aftab Hussain and others PLD 2003 Kar. 309 ref. Muhammad Nasir Cheema v. Mazhar Javaid and other PLD 2007 SC 31; Brig (Recd) Imtiaz Ahmad v. Govt. of Pakistan through Secretary Interior Division, Islamabad and 2 others 1994 SCMR 2142 and Kh. Nazir Ahmad's case AIR 1945 Privy Council 18 fol. THIS ORDER PASSED BY: SHAHID HAMEED DAR, J.- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the validity of order dated 10-5-2010 passed by the…

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