Law: Pakistan Penal Code, 1860

Section: 342,344,347,363,365A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV or 1860)--- ----S. 342/344/347/363 --- Constitution of ' Pakistan (1973),Art. 199 ---Constitutional petition --- Deletion of some offences from the F. I. R. ---Validity --Investigating Officers were of the view that the accused Police Officer while conducting raid on the house of the petitioner for the arrest of her husband and not finding him, there lifted her minor son aged 12 years who remained in the custody of police for 68 days and could only be recovered through the intervention of High Court by filing a habeas corpus petition---Forcible snatching of the -boy in the opinion of the Investigating Officers was for the purpose of forcing his father to surrender and not for ransom --- Prosecution could not explain as to why on the aforesaid reasonably concluded facts a case of kidnapping was not made out against the accused police officer and only a case of wrongful confinement was made out against him --- Addition of S.365-A or S.363,. P.P.C. in the challan had assumed importance in the case for the determination of the forum of trial also --- Opinion of the Investigating Officers excluding the offence of kidnapping from the challan suffered from mala fides in law and High Court was competent to pass corrective orders in exercise of its Constitutional jurisdiction under Art. 199 of the Constitution --- Investigating Officer was consequently directed to- add S.363, P.P.C. in the challan--­Constitutional petition was disposed of accordingly. Anwar Ahmad Khan v. The State and another 1996 SCMR 24; Emperor v. Khawaja Nazir Ahmed AIR 1945 PC 18; Ghulam Muhammad v. Muzammal Khan and others PLD 1967 SC 317; Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan PLD 1971 SC 677 and Brig. (Retd.) Imtiaz Ahmad v. Government of Pakistan through Secretary, Interior Division, Islamabad and 2 others, 1994 SCMR 2142 ref. (b) Constitution of Pakistan (1973) ---- Art. 199 --- Constitutional jurisdiction --- Interference with investigation --- High Court in exercise of its Constitutional jurisdiction can correct the proceedings of the Investigator in order to ensure justice and fair play, provided the investigation is found to be…

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