Case Details

Citation(s)
2013 SLG 2998 2013 SLD 2998 2013 PLD 85
Lahore High Court
Writ Petition No. 8799 of 2012, decided on 26th September, 2012.
ABDUL SAMI KHAN, JUSTICE
Muhammad Ramzan Khalid Joyia for Petitioner.

MUHAMMAD SIDDIQUE

VS

INSPECTOR-GENERAL OF POLICE, PUNJAB AND 4 others

Law:

Section:

(a) Police Order (22 of 2002)---.--- ---.----Art. 18(6)---.---Criminal Procedure Code (V of 1898), S. 173---.--- Change/transfer of investigation after submission of challan---.--- Scope---.--- Perusal of Art. 18(6) of Police Order, 2002 indicated that law bestowed a power on the duly constituted Board to recommend re-investigation---.---Where the constituted Board recommended re-investigation of the case even after submission of challan, re-investigation could not be debarred. (b) Criminal Procedure Code (V of 1898)---.--- ---.----Ss. 156 & 173---.---Investigating officer, role of---.---Scope---.---Investigating officer was not to render any opinion regarding guilt or innocence of an accused and under the relevant statutory provisions contained in Code of Criminal Procedure, 1898, the Police Order, 2002 and the Police Rules, 1934, he was only to collect all the relevant evidence and had to submit his report before the relevant Magistrate so that the Magistrate or the Trial Court could form their own independent opinion regarding sufficiency or otherwise of the evidence and material in order to decide whether to take cognizance of the offence or not to summon any person to face trial. Khizer Hayat and others v. Inspector General of Police, Lahore and others PLD 2005 Lah. 470 rel. (c) Criminal Procedure Code (V of 1898)---.--- ---.----S. 173---.---Subsequent challan, submission of---.---Scope---.---Submission of subsequent challan was not debarred under the provisions of the Criminal Procedure Code, 1898, however it was entirely the discretion of the Court to admit additional evidence if the cognizance of the case submitted to it by the police had already taken place. Bahadur Khan v. Muhammad Azam and 2 others 2006 SCMR 373 ref. (d) Police Order (22 of 2002)---.--- ---.----Art. 18(6)---.---Criminal Procedure Code (V of 1898), S.173---.---Change/transfer of investigation after submission of challan---.---Scope---.---Investigating officer had thoroughly investigated the case and during investigation accused persons were declared innocent and challan was submitted in the Trial Court---.---Investigation was transferred on the recommendation of Special Standing…
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