Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 156

Law: Penal Code (XLV of 1860)

Section: 5, 436

(a) Constitution of Pakistan (1973) Art. 199‑‑‑Criminal Procedure Code (V of 1898), Ss. 561‑A & 156‑‑‑Constitutional jurisdiction and inherent powers of High Court‑‑‑Interference with investigation and re‑investigation‑‑‑Superior Courts cannot control investigations and re‑investigations, but are empowered to strike down any order of re‑investigation if the same is based on mala fides or is ulteriorly motivated‑‑‑Court cannot stop the investigation and cannot strike down an order of re‑investigation merely on the ground that previously a police officer has finalized the investigation. Riaz Hussain and others v. The State 1986 SCMR 1934; Anwar Ahmad Khan v. The State and another 1996 SCMR 24; Abdul Aziz v. S.P. (C.I.A.), Sargodha and 2 others PLD 1997 Lah. 24; Malik Shaukat Ali Dogar and 12 others v. Ghulam Qasim Khan Khakwani and others PLD 1994 SC 281; Khawaja Nazir Ahmad's case AIR 1945 PC 18; Muhammad Alam and another v. Additional Secretary to Government of N.‑W.F.P., Home and Tribunal Affairs Department and 4 others PLD 1987 SC 103 and Sultan Mahmood and 2 others v. Kh. Muhammad Tufail, Superintendent of Police, Lahore and 3 others PLD 1976 Lah. 1371 ref. (b) Criminal Procedure Code (V of 1898) S.156‑‑‑Penal Code (XLV of 1860), 5.436‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition ‑‑‑Re investigation of the case challenged‑‑ Investigation in the case was previously conducted by a D.S.P. who was not impressed with the statement of the eye witnesses and after recording the finding that the occurrence of burning of the house and burning of various articles in the house had actually taken place, had left the matter of guilt of accused to the mercy of the Court and the D.I.‑G. on the representation of the accused had ordered re‑investigation and had entrusted the investigation to the same police officer who had previously verified and confirmed the findings of the D.S.P.‑‑‑Impugned order passed by D.I.‑G. did not suffer from any mala fides or ulterior motive, otherwise he would have entrusted the re investigation of the case to some other police officer and not to the S. P. who had verified the investigation of the D.S.P., with…