Law: Pakistan Penal Code, 1860

Section: 440,148,149

Law: Police Order (22 of 2002)

Section: 18(6)

Law: Criminal Procedure Code (V of 1898)

Section: 173

Police Order (22 of 2002)--- ----Art.18(6)--Penal Code (XLV of 1860), Ss.440, 148 & 149---Constitution of Pakistan (1973), Art.199---Constitutional petition---Investigation---Additional I.G. of Police directed the head of investigation to ensure investigation on merits under his close supervision and his office never issued any order for change of investigation in the case---Law officer had not denied that S.P. (Investigation) instead of complying with direction of Additional I.G. Police had, in fact, conducted the investigation in the case and after associating the parties with the investigation proceedings, had incorporated zimini---Validity---Entire exercise undertaken by Superintendent of Police (Investigation) in conducting reinvestigation of the case, was illegal and void ab initio being contrary to the provisions of Art.18(6) of Police Order, 2002---Record conclusively proved that S.P. (Investigation) had undertaken an exercise which was not warranted under the law as same had not been entrusted to him in accordance therewith. JUDGMENT TARIQ SHAMIM, J.--Through this petition, the petitioner has challenged the investigation conducted by respondent No.2, Superintendent of Police (Investigation), Hafizabad, in case F.I.R. No.365 of 2006 dated 27-4-2006, for offences under sections 440, 148 and 149 P.P.C, registered at Police Station Pindi Bhattian, District Hafizabad, as being illegal, unlawful, arbitrary, without jurisdiction, in violation of law and Police Order, 2002. 2. Briefly stated the facts of the case are that after lodging of the aforesaid F.I.R. the petitioner, who is the complainant, joined investigation which was conducted by the local police in which all accused persons were declared guilty. The file was entrusted to the S.H.O. Police Station Pindi Bhattian by the D.S.P. (Investigation) to arrest the accused persons and to submit report under section 173, Cr.P.C. to the Court of competent jurisdiction. The District Police Officer, Hafizabad, respondent No.1 after completion of investigation ordered reinvestigation of the case and entrusted the same to the S.P. (investigation), Hafizabad. The complainant feeling aggrieved filed an…

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