Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 173---Constitution of Pakistan (1973), Art.199---Constitutional petition---Question was that whether after opinion of the Prosecutor General, submission of challan could be kept pending for seeking an opinion from DSP Legal and whether the same was required---Accused in initial investigation had been found innocent---Subsequently investigation was entrusted to SSP (Investigation)---Recommendation made by Deputy Prosecutor-General that accused be challaned and supplementary challan be submitted before the court, had been approved by the Prosecutor-General, Punjab, however, respondent police officer had moved an application for legal opinion from DSP Legal---Validity--Opinion of Investigating Officer would not make any accused person guilty or innocent as his job is only to collect some material and to place it before the competent court, which can declare an accused guilty or innocent, yet people waste time and delay legal proceedings to get favourable opinion of Investigating Officer---Prosecutor-General was incharge of prosecution in Punjab Province and he was duly supported by Deputy Prosecutor-General---Seeking opinion from DSP Legal in circumstances was either mala fide or based on total ignorance of law of the concerned police officer---DPO concerned was consequently directed to ensure that challan or supplementary challan be submitted in the court in the light of the final investigation conducted by SSP (Investigation) and approved by the Prosecutor-General---Constitutional petition was allowed accordingly. PLD 2005 Lah. 470 ref. ORDER SYED SHABBAR RAZA RIZVI, J.---According to the learned counsel for the petitioner, the learned Deputy Prosecutor-General vide his note dated 15-3-2008 recommended that accused be challaned and supplementary challan be submitted before the competent court. The said recommendation was also approved by the Prosecutor-General, Punjab. The controversy relates to F.I.R. No.338 of 2005 dated 20-10-2005 at Police Station Civil Lines, Sialkot. In initial investigation, the accused were fond innocent. Subsequently, the investigation was entrusted to Ghulam Muhammad Kalyar,…

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