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Citation Name: 2023 MLD 1593 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASLAM vs REGIONAL DIRECTORATE ACE LAHORE S — 2023 MLD 1593 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 MLD 1593 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
MLD
Parties
Citation Name: 2023 MLD 1593 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASLAM vs REGIONAL DIRECTORATE ACE LAHORE S
Subject matter
Criminal
Provisions referred to
S. 4; S. 5; S. 161---P; Penal Code (XLV of 1860); Corruption Act (II of 1947)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 MLD 1593 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASLAM VS REGIONAL DIRECTORATE ACE LAHORE S. 4(1)---Police Rules, 1934, R. 25.2(3)---Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 5(6)---Penal Code (XLV of 1860), S. 161---Prevention of Corruption Act (II of 1947), S. 5(2)---Constitution of Pakistan, Art. 10-A---Constitutional petition---Investigation---Scope---Cancellation report---On the complaint of petitioner, FIR was registered against respondent alleging him of receiving illegal gratification---First Information Report in question was cancelled by investigating officer on the ground that complainant and witness failed to appear before him in support of the allegations---Validity---Fair investigation is mandatory for fair trial which has been guaranteed by Art. 10-A of the Constitution---Cancellation report was prepared without concluding that allegation levelled in the case was established or not but merely on the ground that complainant and witnesses did not join investigation---It was not mentioned in cancellation report that process for compelling attendance of petitioner and his witnesses through warrants, proclamation and attachment was issued and no proof was annexed in such regard---Trial Court concurred with investigating officer without taking into consideration such failure of investigating officer---High Court set aside order passed by Trial Court and remanded the matter for decision afresh on cancellation report filed by investigating officer---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2023 MLD

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