Law:

Section:

(a) Criminal Procedure Code (V of 1898)----Ss. 173 & 190---Constitution of Pakistan (1973), Art. 199---Investigation report (challan)---Direction to police---Jurisdiction of High Court---Investigation report (challan) against accused had been filed in Trial Court, when accused sought quashing of F.I.R. from High Court under its constitutional jurisdiction---High Court disposed of the petition with a direction to Station House Officer, to file final report only against one accused and under only one offence---Validity---Only provision relating to the subject which was available in Criminal Procedure Code, 1898, was S.173, which commanded expeditious conclusion of investigations and further ordained that on conclusion of every investigation, the concerned Station House Officer would submit a report of the result thereof in the prescribed manner to Magistrate competent to take cognizance under S.190, Cr.P.C.---No power vested with any Court, including High Court to override the legal command and to direct Station House Officer either not to submit investigation report (challan) or to submit the report in a particular manner i.e. against only such persons as the Court desired or only with respect to such offences as the Court wished---Order passed by High Court could not be sustained as investigation report (challan) had already been submitted in Trial Court and was thus beyond the reach of concerned Station House Officer---Supreme Court converted petition for leave to appeal into appeal and set aside the order passed under constitutional jurisdiction by High Court---Appeal was allowed. (b) Criminal Procedure Code (V of 1898)--- ----S. 173---Investigation report (challan)---Further investigation---Investigation report (challan) already filed in Trial Court---Validity---As investigation report (challan) had already reached Trial Court, where trial had already commenced, changing of investigation or ordering further investigation in the matter thereafter was an exercise un­sustainable in law. ORDER KHALIL-UR-REHMAN RAMDAY, J.---An F.I.R. bearing No.583 was recorded at Police Station Civil Lines, Gujranwala on 5-6-2005 for the alleged commission of offences…

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