MUHAMMAD SHOAIB vs State "Investigation" and "trial" — 2022 PCrLJ 1564 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SHOAIB VS State "Investigation" and "trial"---Scope---Criminal administration of justice consists of two parts i.e. investigation and trial---During investigation it is the duty of Investigating Officer to find out the truth of the matter under investigation---Object of Investigation Officer is to discover the actual facts of the case and to arrest the real offender or offenders; he shall not commit himself prematurely to any view of the facts for or against any person---Upon conclusion of the investigation, the report to be submitted under S. 173, Cr.P.C., is to be based upon the actual facts discovered during the investigation irrespective of the version of the incident, advanced by the first informant or any other version brought to the notice of the Investigating Officer by any other person---Normally, the Court(s) do not interfere in investigation process which is completely dealt with by the Investigating Officer---Conclusion of investigation, however, neither holds sent up person as guilty but an accused only---Purpose of investigation is to bring truth on surface and to send culprits to face the trial or submit report regarding disposal of case under B or C class, as the case may be which, however, is always subject to approval of the competent court of law---Second part i.e. trial is the legal procedure whereby the competent court decides the guilt or innocence of the sent up accused persons by following the dictated procedure---Proceedings before the Magistrate, during course of investigation, shall not prejudice the authority and competence of Trial Court but such Court shall absolutely and independently determine the question of guilt and innocence---None can deny that an 'evidence' shall not stand complete when it is consisting on 'examination-in-chief' and 'cross-examination'---Purpose and object of 'investigation' and 'trial' are quite different hence the action(s), taken in the course of 'investigation' cannot prejudice the procedure for conducting trial which includes recording of evidence as well as right to cross-examination.

MUHAMMAD SHOAIB vs State "Investigation" and "trial" — 2022 PCrLJ 1564 KARACHI-HIGH-COURT-SINDH

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