Law:

Section:

(a) Police Order (22 of 2002)-------Arts. 4, 113 & 155---Criminal Procedure Code (V of 1898), S.561-A---Misconduct---Punishments---Jurisdiction of High Court--Investigation, interference in---Accused alleged physical torture on him by Investigating Officer---High Court in exercise of jurisdiction under S. 561-A Cr.P.C. passed punitive order against him and directed police authorities to implement the order---Validity---Accused had received injuries from the hands of public, complainant and prosecution witnesses, as the same was specifically mentioned in F.I.R. and memo of arrest of accused---Seat and number of injuries were not mentioned in memo of arrest and the same could be at the most treated as irregularity and for that Police Order, 2002, and Rules could adequately deal with the situation---When any police officer had failed to perform his duties within the scope of Art.4 of Police Order, 2002, for such violation police officer could be punished by Magistrate under Art.155 of Police Order, 2002 or disciplinary action could be taken by competent authority of police department as provided under Art.113 of Police Order, 2002, and appropriate rules---Adequate and alternate remedy was available, therefore, there was no justification for High Court to pass any punitive order in such manner---Order passed by High Court amounted to interference with investigation of case, which High Court did not have any jurisdiction to do so under S.561-A, Cr. P. C. ---High Court exceeded jurisdiction and the order passed by it was an abuse of process of court and law, therefore, the order was set aside---Appeal was allowed. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court-Scope-Mala fide investigation---High Court has jurisdiction under Art.199 of the Constitution and is competent to correct such proceedings and pass necessary orders to ensure justice and fair play---Investigating authorities do not have entire and total authority of running investigation to their whims---If investigation is launched mala fide or beyond jurisdiction of investigating agency, then the same can be corrected and appropriate orders can be passed.…

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