Law:

Section:

Criminal Procedure Code (V of 1898)---S. 173---Constitution of Pakistan (1973), Art.185(3)---Final report--¬Re-investigation of case pending trial---Opinion of Investigating Officer---Grievance of complainant was that after submission of final report in Trial Court the police had re-investigated the case which could prejudice his case---Validity---Apprehension of the complainant was misconceived as Trial Court could proceed with the trial on the basis of the report already submitted under S.173, Cr.P.C.---Trial Court was not bound by the opinion given in the final report or expressed in the report being submitted pursuant to re-investigation and it was always the judicial consideration of the material collected by police which weighed with the Court while issuing process---Leave to appeal was refused. JUDGMENT TASSADUQ HUSSAIN JILANI, J.-------The petitioner is complainant in the case registered vide F.I.R. No.88 dated 8-9-2003 under sections 302/324/148/147/149/337-F(i), F(ii), F(iv), F(v), F(vi), 337-L(i), 337-A(i) read with section109, P.P.C. Police Station Kotli Sattian. The final report under section 173, Cr.P.C. had already been submitted when the accused through Writ Petition No. 1377 of 2004 sought a direction to the concerned Police Officer to submit the report before the trial Court, with regard to re-investigation. The petition was dismissed vide order, dated 2-6-2004 with the observations as under:-- "It lays in the domain of learned trial Court to permit the petitioners or otherwise to produce evidence the Investigating Officer who conducted re-investigation. The petitioners, if so advised, may apply to the learned trial Court seized of the matter for placing on record report of re-investigation, who shall decide the same on its own merit. (7) Resultantly, this petition having no merit is dismissed in limine." This order was assailed by the respondents Nos. 1 and 2 in I. C. A. No. 131 of 2004, which was disposed of with a direction to respondent No.3 (Naseer Ahmad Awan, D.S.P. Kotli Sattian), to submit report under section 173, Cr.P.C. strictly in accordance with law without any further loss of time. Leave to appeal against the afore-referred order…

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