2000 PLP 1213 (YLR)
MUHAMMAD ZIKRIA‑‑‑Petitioner Versus I.‑G. POLICE‑‑‑Respondent
| Citation | 2000 PLP 1213 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | MUHAMMAD ZIKRIA‑‑‑Petitioner Versus I.‑G. POLICE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 1213 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1213 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1213 (YLR) (MUHAMMAD ZIKRIA‑‑‑Petitioner Versus I.‑G. POLICE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Muhammad Arif for Petitioner.
Headnotes / Summary
‑‑‑‑Ss.156 & 173‑‑‑Penal Code (XLV of 1860), S.302/464/148/149‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑‑Re‑investigation‑‑‑Inspector-General of Police ordered re‑investigation of case on application of complainant despite three investigations had already been made and challan of case had been submitted‑‑ More than one year had passed, but case was still being re‑investigated‑‑‑Further investigation was ordered by High Court to be stopped, in circumstances, with direction that if any evidence or material which was necessary to be placed on record, could be placed before Trial Court at the time of trial. 1999 PCr.LJ 1117 ref. Muhammad Javaid Ghani for the Complainant. Muhammad Hanif Khatana, Addl. A.-G. A.‑G.
Judgment & Decree
Muhammad Javaid Ghani for the Complainant. Muhammad Hanif Khatana, Addl. A.-G. A.‑G. The instant case was registered on 11‑4‑1999 on the statement of one Riaz Ahmad under section 302/464/148/149, P.P.C. against the petitioner and others. The main grievance of the petitioner is that already three investigations had taken place and challan was submitted but later on 19‑101999 cognisance was also taken by the trial Court. Thereafter, respondent No. 1, I.‑G. ordered for re‑investigation on the application of the complainant which is being held by Ghulam Sarwar D.S.P., Crime Branch, Lahore.
2. Learned counsel for the petitioner submits that the matter has been sent to the Court and now the case is fixed for framing of charge on 31‑1‑2000. He submits that further investigation into the case would be futility in the process of law.
3. On the other hand learned counsel for the complainant submits that there is no bar on re‑investigation. He further submits that if investigation is stopped by Court it would be tantamount to Quashment of investigation. He has relied upon PCr.LJ 1987 SC 30, PLJ 1999 SC 85 (sic) and 1999 PCr.LJ 1117.
4. On the other hand learned Additional A.‑G. submits that even in the re investigation, opinion given by the Investigation Officer about guilt or innocence is not binding on the Court and the Court as to decide the matter on the evidence produced before him.
5. I have heard the learned counsel for the parties. The instant case was registered in April, 1999. Already 9 months have passed, three investigations have already taken place. Ghulam Sarwar D.S.P., Crime Branch has stated that the case is being re‑investigated by him. More than one year has passed but the investigation is not completed so far although, the challan under section 344, Cr.P.C. is required to be submitted within 14 days. This Court and the Hon'ble Supreme Court has deprecated this practice of re investigation. Keeping in view the above circumstances, this petition is accepted and further investigation is stopped. If there is any evidence or material which is necessary to be placed on record, can be placed before the trial Court at the time of trial. Learned trial Court is directed to expedite the matter as early as possible as it is alleged that accused with the connivance of the police are playing hide and seek with the Court since long time. With these observations this petition stands disposed of. H.B.T./M‑43/L Order accordingly.