Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 409---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to accused to consider the legality of the order passed by High Court whereby case was directed to be reinvestigated after associating him with the investigation as he appeared to have been let off by the police during investigation. (b) Criminal Procedure Code (V of 1898)--Ss. 156 & 423(1)(b)---Penal Code (XLV of 1860), S.409---Prevention of Corruption Act (II of 1947), S.5(2)---Reinvestigation of the case ordered by High Court in exercise of its appellate jurisdiction---Validity---Departmental inquiry had also been held in addition to the criminal trial where the accused (appellant) had appeared as a witness against the convict in both the forums and at no stage he was found involved in the short-fall of the cash---No revision was filed in the High Court against the of the Trial Court, nor State Counsel had made any oral prayer to order reinvestigation of the case and High Court in its own wisdom had issued the direction of reinvestigation---Such order of High Court tantamounted to interfering with the investigation already conducted by the Competent Authority which was not in consonance with the rule laid down by Supreme Court in Shahnaz Begum's case reported as PLD 1971 SC 677---Even otherwise, Appellate Court had no power under S. 423(1)(b), Cr.P.C. to order re-investigation or to direct its manner or mode--­Judgment of High Court to the extent of the accused appellant was consequently set aside: Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677 and Emperor v. Khawaja Nazir Ahmad AIR 1955 PC 18) ref. (c) Criminal Procedure Code (V of 1898)--- ----S.423(1)(b)---Powers of Appellate Court in disposing of appeal against conviction---Appellate Court has no power to order reinvestigation or to direct its manner or mode. JUDGMENT SH. IJAZ NISAR, J.---This appeal by leave to the Court is directed against the judgment, dated 26-1-1994, passed by the Lahore High Court, in Criminal Appeal No.709 of 1991. 2. The relevant…

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