Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 173,156

Law: Pakistan Penal Code, 1860

Section: 302,148,149,109

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 156 & 173---Reinvestigation---Rule of caution---System of reinvestigation is a recent innovation adopted by influential persons in order to obtain favourable reports of investigation---Such reports do not assist the Courts in reaching a right conclusion, rather the same create more complications in the administration of criminal justice---Reinvestigation and successive investigations in a case are, therefore, disapproved. Bahadur Khan v. Muhammad Azam and 2 others 2006 SCMR 373 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 156 & 173---Reinvestigation after commencement of trial, not lawful---After submission of challan in the Court and commencement of trial, change of investigation or ordering further investigation in the case, is not sustainable in law. Muhammad Nasir Cheema v. Mazhar Javaid and others PLD 2007 SC 31 ref. (c) Police Order (22 of 2002)--- ----Art. 18(6)---Criminal Procedure Code (V of 1898), Ss.87 & 88---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Transfer of investigation---Abscondence of accused---Effect---Fugitive from justice is not entitled to any relief from a Court of law, unless he first surrenders himself before it. Mst. Irshad Begum v. Sessions Judge and 5 others 2007 MLD 258 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 156----Penal Code (XLV of 1860), Ss.302/148/149/109---Constitution of Pakistan (1973), Art.199---Qatl-i-amd, abetment---Constitutional petition---Further investigation in the case---Validity---Challan had been submitted in the Court---Trial had commenced and evidence of a prosecution witness had been recorded by Trial Court---Two senior police officers had found the accused guilty in the case---Accused had not so far surrendered before the police and he being a fugitive from law had lost his normal rights of audience---Proceedings initiated on the application of accused for recommendation of further investigation in the matter were quashed in circumstances---Constitutional petition was accepted accordingly. Muhammad Nasir Cheema v. Mazhar Javaid and others PLD 2007 SC 31; Mst. Irshad Begum v. Sessions Judge and…

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