Law: Pakistan Penal Code, 1860

Section: 302

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan, Art.199---Constitutional petition---Qatl-e- amd, complainant of F.I.R., sought arrest of Police officials nominated in the F.I.R:---.---Validity---Purpose of F.I.R. registered on the prima facie fair statement of the complainant was frustrated by dishonest investigation of the Investigating Officer who recorded statements of prosecution witnesses and the complainant and submitted the report `C' class---Persons produced as witnesses could not be believed to have made statements denying the commission of any offence at all---Inaction and indifference of Police high-ups to murders committed by Police officials under the garb of Police encounters was beyond the pale---Police officials involved in killing had to be treated like other murderers---Case was destroyed by the Investigating Officer and the other officers who acted on his opinion leading to submission of challan in `C' class---`C' class report submitted by the Police before Judicial Magistrate was rejected/recalled for not being fair--Investigating Officer was directed to arrest the S.H.O. Police nominated in the F.I.R. and hand over his custody along with case record to the Deputy Superintendent Police who was appointed new Investigating Officer of the case---Order accordingly. THIS ORDER PASSED BY: SYED ZAKIR HUSSAIN, JUSTICE:---.--- The police has submitted the report in `C' Class in the matter of Crime No.47 of 2010 of ' Police Station Aakil. It is an admitted position that the nominated accused were not subjected to arrest, interrogation and investigation. The S.H.O. of the same Police Station is one of the nominated accused and the others are working under his subordination therein despite registration of the case of the heinous crime which is strange and scandalous to the interest of the State for the reason that the purpose of registration of F.I.R. for and on behalf of the State on the basis of the statement of the complainant which is prima facie fair, appears to have been frustrated by the police particularly the I.O. of the case by dishonest investigation, which includes recording of statements of P.Ws. of the complainant and…

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