Jurisdiction of Investigating Officer

2015 PCrLJ 73 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 4(l), 173, 200 & 204Constitution of Pakistan, Art. 199Constitutional petitionInvestigationObject, scope and purposeFinding of guiltJurisdiction of Investigating OfficerScope

Petitioner was complainant of F.I.R. in question and was not satisfied with investigation report submitted by Investigating Officer for the reason that some nominated accused were made prosecution witnesses

Plea raised by accused was that Trial Court had started recording evidence and such application of complainant was dismissed by Trial Court

Validity

Investigating agency had no authority to give finding of guilt or innocence regarding accused persons under the provisions of Criminal Procedure Code, 1898, or Police Act, 1861, Police Order, 2002 and Rules framed thereunder

Prerogative of the Court to give finding after recording of evidence and statement of accused regarding guilt or innocence and such finding of police tantamount to debar powers of Court of law

Purpose of investigating agency was to collect evidence and not to hold any person guilty or otherwise

By converting some accused as witnesses, investigating officer did not transgress his authority

Evidence collected during investigation would be properly weighed and scrutinized by Trial Court

Complainant, if not satisfied with investigation, could file private complaint

Petition was dismissed in circumstances.