2008 PLP 517 (MLD)
Sufi SHER MUHAMMAD — Petitioner Versus THE STATE and 4 others — Respondents
| Citation | 2008 PLP 517 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Sufi SHER MUHAMMAD — Petitioner Versus THE STATE and 4 others — Respondents |
| Primary Law | Police Order (22 of 2002) |
Q1: What are the key laws and sections cited in 2008 PLP 517 (MLD)?
This judgment primarily cites: Police Order (22 of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 517 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 517 (MLD) (Sufi SHER MUHAMMAD — Petitioner Versus THE STATE and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chohan for Petitioner.
- Malik Noor Muhammad Awan for Respondents No.5.
- KHAWAJA MUHAMMAD SHARIF, J.---As both the parties are present and Malik Noor Muhammad Awan is representing respondent No.5, Advocate so notice is issued. Let the matter be heard today.
Headnotes / Summary
Art. 18
Criminal Procedure Code (V of 1898), S. 551
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Additional Inspector General Police, Investigation Branch, had not transferred the investigation in accordance with provisions of sub-Articles (5) and (6) of Article 18 of Police Order, 2002
Said official while submitting his report and parawise comments had mentioned that investigation held by S.P. (Investigation) was illegal and was without legal sanctity of law and investigation held by S.P. (Investigation) was declared to be illegal and without lawful authority
Held, challan having already been submitted in the court, no further investigation could be conducted.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
As both the parties are present and Malik Noor Muhammad Awan is representing respondent No.5, Advocate so notice is issued. Let the matter be heard today.
2. Learned counsel for the petitioner has drawn my attention to the report and parawise comments submitted by Additional Inspector-General of Police, Investigation Branch, Punjab. He submits that said Additional Inspector General Police in paragraph 4 has submitted that the investigation conducted by S.P. Investigation, Mianwali is without legal sanctity so the investigation held by him be declared as illegal and without lawful authority.
3. On the other hand learned counsel for the complainant/respondent No.5 submits that S.P. (Investigation) is the Incharge of Investigation of the District and he is also one of staff member of the Investigation Branch of the said District; that he could have investigate the matter and no illegality has been committed by him. He also referred sub-articles (3) and (4) of Article 18 of Police Orders, 2002 and also section 551, Cr.P.C. in this respect that challan has been submitted in the Court, copies have been delivered as required under section 241-C, Cr.P.C. and evidence has been summoned and that no illegality has been committed.
4. Heard. The important question in this case is whether Additional Inspector General Police, Investigation Branch, Punjab, transferred the investigation in accordance with provision of sub-articles (5) and (6) of Article 18 of Police Order, 2002, answer in no. Even the said A.I.G. while submitting his report and parawise comments in paragraph 4 has mentioned that investigation held by S.P. (Investigation). Mianwali is illegal and is without legal sanctity of law how the investigation held by S.P. (Investigation), Mianwali can be declared as legal one.
5. In this view of the matter, this petition is accepted and investigation is accepted and investigation held by S. P. (Investigation) is declared to be illegal and without lawful authority. As the challan has been submitted in the Court, so no further investigation can be conducted as laid down by Full Bench of this Court in case titled Khizer Hayat and others v. Inspector General of Police (PLD 2005 Lahore 470). H.B.T./S-199/L Petition dismissed.