Direction to investigating officer
Direction to investigating officer legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Petitioners were aggrieved of order passed by Ex-Officio Justice of Peace declining to issue direction to investigating officer for arraying respondent as accused and recording statement under S. 164, Cr.P.C.
Validity
Powers conferred on Ex-Officio Justice of Peace were not judicial, rather were ministerial
While dealing with applications under S. 22-A(6), Cr.P.C. Ex-Officio Justice of Peace could issue directions to concerned police officials for observance of all legal requisite formalities but he could not step into the shoes of investigating agency, which was independent in all respects, such matter related to investigating agency and not with Ex-Officio Justice of Peace
High Court declined to interfere in judgment/order passed by Ex-Officio Justice of Peace as the same was well reasoned and based on proper appreciation of facts and circumstances of the case
Constitutional petition was dismissed in circumstances.
Petitioner got criminal case registered against respondent and his grievance was that Ex-Officio Justice of Peace, in exercise of powers under Ss.22-A and 22-B, Cr.P.C. could not direct investigating officer to collect evidence in shape of mobile phone data
Validity
Ex-Officio Justice of Peace could not interfere in investigation or advice to collect evidence to investigating officer
Provisions of Ss.156 & 157, Cr.P.C. permitted only police officers to investigate a case, while remaining within the ambit of "investigation" as defined in S.4(1)(l), Cr.P.C.
Police officer was duty bound to investigate the matter, honestly, fairly and justly, so that truth could be brought to surface
Ex-Officio Justice of Peace had travelled beyond his jurisdiction under S.22-A, Cr.P.C., when he gave direction to investigating officer to collect mobile data
High Court set aside the order passed by Ex-Officio Justice of Peace, as the same was without jurisdiction and without lawful authority
Petition was allowed in circumstances.
"Direction to investigating officer", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124942432
Precedents & Case Laws citing "Direction to investigating officer"
1994 P Cr
MUHAMMAD JAMROZ KHAN and another — Petitioners Versus THE STATE — Respondent
Court: Lahore2002 Y L R 145
Mst. SAIMA ASHRAF — Petitioner Versus S.H.O. and another — Respondents
Court: Lahore2013 P Cr
MUHAMMAD ASLAM HAYAT — Petitioner Versus ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, LAHORE and 2 others — Respondents
Court: Lahore2010 P Cr
SAEEN BUX — Applicant Versus CIVIL JUDGE AND JUDICIAL MAGISTRATE, MATIARI and 9 others — Respondents
Court: Karachi2004 Y L R 2291
MUREED HUSSAIN — Petitioner Versus SESSIONS JUDGE and others — Respondents
Court: Lahore2011 M L D 790
MUHAMMAD AMIR — Petitioner Versus GHULAM HUSSAIN — Respondent
Court: Lahore2021 P Cr
QUTAB KHAN and another — Petitioners Versus DISTRICT POLICE OFFICER, D.I. KHAN and 7 others — Respondents
Court: Peshawar (D. I. Khan Bench)2006 P Cr
Ch. MUHAMMAD ASHRAF — Applicant Versus THE STATE — Respondent
Court: Karachi2025 P Cr
The STate through Prosecutor General Sindh — Applicant Versus Administrative Judge, Anti-Terrorism Courts, Clifton, Karachi thorugh Registrar, ATCs, Home Department, Karachi and another — Respondents
Court: Sindh2005 Y L R 848
TAHIRA YASMEEN and 2 others‑‑‑Petitioners Versus STATION HOUSE OFFICER, POLICE STATION, GHALLA MANDI, SAHIWAL and another‑‑‑Respondents
Court: Lahore