Law: Code of Criminal Procedure, 1898

Section: 169, 170, 171

Law: Police Order (22 of 2002)

Section: 18(6)

PLJ 2015 Karachi 190 (DB) Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 169, 170 & 173--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Reinvestigation-Essential for re-investigation after submission of challan--No power to C.M. to issue direction for reinvestigation--Police cannot adjudicate guilt or innocence of offender--Question of--Whether person is guilt or not rests with Court of law and not with police--Fair and impartial investigation--Jurisdiction and authority to pass order for reinvestigation--Validity--If reinvestigation is made to obtain a fresh opinion regarding guilt or innocence of accused then such reinvestigation would be in consequential FIR cannot be cancelled nor the accused can be discharged--Guilt or innocence of the accused can only be determined by the Court.       [Pp. 195 & 196] A Police Order, 2002-- ----S. 18(6)--Constitution of Pakistan, 1973, Art. 199--Reinvestigation--Change of investigation--Recommendations of board--Validity--Investigation would not be changed except after due deliberations and recommendation by a board headed by an officer not below the rank of SSP.                 [P. 197] B Investigation-- ----Change of investigation--Final order for changing of investigation--Second change of investigation may only be allowed with the approval of the provincial police officer, or the capital city police officer.  [P. 197] C Re-investigation-- ----Essential--Reinvestigation would be ordered denovo in routine--Validity--Reinvestigation cannot be used as a tool to save, protect or favour any influential person under the garb or outfit of reinvestigation.       [P. 198] D Investigation-- ----Defect in investigation or challan--Non-allowance of reinvestigation--Validity--It is also well-known that the benefit of any defective or technical flaw in the investigation may go to the accused person where all accused will be afforded ample opportunity to defend the indictment--Non-allowance of reinvestigation does not mean the deprivation of the right of fair…