Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Police Order (22 of 2002), Art. 18(6)---Review application--Interference with the process of investigation---Validity---Assistant Sub-Inspector of Police, after conducting investigation in the registered F.I.R., had declared the accused innocent---Sub-Inspector and D.S.P. in successive investigations also found the accused innocent and prepared the cancellation report, against which the District Police Officer, on the application of the complainant, entrusted the investigation of the case to Inspector Investigation---Application filed by the accused against the said transfer of investigation had been dismissed by the Sessions Judge acting as Justice of the Peace---Constitutional petition assailing said order was also dismissed vide the impugned ---Contention of the Additional Advocate-General that subsequent to the first investigation of the A.S.I. other mentioned officials were asked for verification of the investigation and not to investigate the case, was not correct, because had the same been true, the said officials would not have substituted or given their finding or conclusion---Scope of verification was limited---Verification of record is permissible but in the guise of verification the verification officer could not reinvestigate and substitute opinion of the previous officer with his own opinion---All proceedings subsequent to the first investigation conducted by the A.S.I. were consequently declared to be without lawful authority and of no legal effect, with the direction to the S.H.O. and the Investigating Officer to submit the final report in the light of the conclusion of the first investigation conducted by the said A.S.I.---However, if any party desired re-investigation, it could approach the concerned Authorities as contemplated under Art. 18(6) of the Police Order, 2002---Review application was allowed accordingly. Khizar Hayat v. I.G.P. PLD 2005 Lah. 470 rel. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi PLD 1970 SC 1; PLD 1961 (W.P.) Lah. 333; 1971 SCMR 513 and PLD 1965 (W.P.) Lah. 570 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 156---Investigation---Verification…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492