Law: Criminal Procedure Code (V of 1898)

Section: 156,157,169,173,561-A

Law: Pakistan Penal Code, 1860

Section: 324,337-F(v),427,34

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 156, 157, 169, 173 & 561-A---Penal Code (XLV of 1860), Ss.324/337-F(v)/427/34---Attempt to qatl-e-amd---Investigation of case---Petition against putting names of accused in column No.2---Powers of Investigating Officer--Investigating Officer, after completion of investigation, placed the names of respondents/accused in column No.2---Petitioner/complainant had prayed that direction could be issued for placing the names of accused' persons in column No.3; and that placing of the names of accused in column No.2 be declared against the norms of legal and natural justice---Validity---Investigating Officer could not act as a court and it was not his function to release a person under S.169, Cr.P.C., when there was material for and against, but that would in no way affect his powers to prepare a final report and give his opinion about the culpability or otherwise of accused and then to place him in column No.2 or 3---Even the Magistrate could not agree for discharging accused released under S.169, Cr.P.C. and he was competent to make such orders as he would think fit---Investigating Officer had the sole prerogative to put the name of an accused person in column No.2 or in column No.3, subject of course as a result of his investigation which could not be undone by any judicial forum; or for that matter by superior officer of his department or by the public prosecutor; or Inspector Legal etc. neither under Cr.P.C., North-West Frontier Province Prosecution Service Act, 2005 nor under Police Order, 2002---Such act of Investigating Officer could be un-done, if before submission of challan to the court of competent jurisdiction, the case was re-investigated in accordance with law; and as a result of such re-investigation by any other officer the earlier final report was dissented to and it was found that the names of accused were placed in column NV'o.2 should be placed in column No.3---Investigating Officer was duty bound to bring the real culprits to books; he was not supposed to follow the version of complainant blindly; he was supposed to probe into the plea of accused as well, for which no application was…

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