Case Details

Citation(s)
2004 SLG 1173 2004 SLD 1173 2004 SCMR 1350
Supreme Court of Pakistan
Criminal Petition No. 401-L of 2003, decision dated: 25-03-2003.(On appeal from the judgment of the Lahore High Court, Lahore, dated 20-1-2003 passed in Writ Petition No. 826 of 2003)
MUNIR A. SHEIKH AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Manzoor Hussain Basra, Advocate Supreme Court and Mehmud-ul-Islam, Advocate-on-Record for Petitioner. Muhammad Riaz Loan, Advocate Supreme Court for
Respondents

MUHAMMAD IRSHAD-

VS

SESSIONS JUDGE, OKARA and 2 others

Law:

Section:

Penal Code (XLV of 1860)----Ss. 337-A(i)/337-L(2)/34---Constitution of Pakistan (1973), Art. 185(3)---Sessions Court on complaint of the complainant against the Investigating Officer had stopped the investigation in the case and summoned the entire record---Constitutional petition filed by the accused assailing the said order was dismissed through the impugned order---Supreme e7ourt in view of the fact that challan had also been submitted in the Trial Court did not exercise discretion to grant leave to examine the question of further investigation of the case and directed the Trial Court to complete the trial and pronounce final ---Accused were allowed to produce before the Court all the evidence which they wanted to produce before the Investigating Officer---Leave to appeal was refused to accused with such observation. JUDGMENT MUNIR A. SHEIKH, J.---The petitioner seeks leave to appeal against the judgment, dated 20-1-2003 of the Lahore High Court, Lahore, through which Constitutional petition filed by him against the order, dated 3-12-2002 of the learned Sessions Judge (ex officio justice of peace) has been dismissed. 2. A case was registered against the petitioner under sections 337-A(i)/337-L-(2)/34, P.P.C. on the complaint of one Hussain at Police Station, Saddar Renala Khurd, Okara, investigation was conducted by an Assistant Sub-Inspector of Police; Renala Khurd which was subsequently transferred and entrusted to a D.S.P. The complainant of the said case made an application under section 22-A(6), Cr.P.C added through Amending Ordinance No. 131 of 2002 w.e.f. 21-1-2002 that the Police Officer to whom investigation had been transferred, was trying to save the neck of the accused persons by showing them…
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