Law:

Section:

Criminal Procedure Code (V of 1898)--S. 476---Constitution of Pakistan (1973), Art. 185(3)---Petition for leave to appeal- --High Court had issued notice to the petitioner under S. 476, Cr.P.C. for having made false statement during proceedings of the Court and the petitioner was entitled to defend himself according to law---High Court had appointed Superintendent of Police, present in Court, to check the records with a view .to obtain proper records which might not be manipulated or destroyed--­Since the Police Officers-in-charge of the case were not found to be acting honestly and bona fidely High Court had suggested to the Deputy Inspector-General of Police to entrust the investigation to senior police officers recommending the name of the S.P., but option was left to D.I.-G. to do so---All this in any manner did not amount to interference by High Court with the investigation or to take charge of the investigation itself or to appoint on officer for carrying out the investigation ---D.I.-G. was directed to take necessary action as he might deem fit-----Leave to Appeal was refused in circumstances. Mst. Shahnaz Begum's case PLD 1991 SC 677 and Malik Shaukat Ali Dogar v. Ghulam Qasim Khan Khakwani PLD 1994 SC 281 ref. ORDER SALEEM AKHTAR, J:---The petitioner seeks leave to appeal against the order passed by the learned Judge in Chambers whereby show-cause notice has been issued why the petitioner should not be prosecuted under section 476, Cr.P.C. The petitioner has also challenged order dated 18-5-1994 by which the learned Judge had directed Maj. Mubasharullah S.P. (Special), Lahore, who was present in Court on the date of hearing to proceed immediately to Pattoki Sagar Mills and find out about Ashraf abductee. He was authorised to examine the records of the Mills and if necessary take them in possession regarding attendance etc., of the alleged abductee. It was also pointed out in the impugned order that it would be desirable that investigation is entrusted to senior officers preferably from outside Kasur District. In this regard, the learned Judge observed that the DIG of Lahore Range may examine the desirability of entrusting this case to Mubasharullah,…

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