Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM vs INSPECTOR GENER

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Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB art. 18-a---Transfer of investigation---Scope---Order for transfer of investigation can also be passed if the previous investigations have been conducted unilaterally without associating the actual culprit involved and without trying to identify and ascertain the person responsible for committing the crime---Police does not have an unfettered power in this respect and re-investigation or further investigation may only be carried out if some further material relating to the case is required or if the previous investigation is mala fide or in excess of jurisdiction. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 173---Report of police officer---Scope---Section 173, Cr.P.C., mandates that every investigation should be completed without unnecessary delay---Section 173 further states that as soon as it is done the officer in-charge of the police station shall forward a report (through the Public Prosecutor) in the prescribed form to the magistrate empowered to take cognizance of the offence---If the investigation is not finalized within 14 days from the date of registration of the FIR, the officer in-charge of the police station shall, within three days thereafter, forward an interim report (through the Public Prosecutor) to the magistrate in the prescribed form stating the result of the investigation made until then---Court should then immediately commence the trial unless there are reasons to postpone it. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB art. 10-a---Criminal Procedure Code (V of 1898), S. 4(1)(l)---Right to fair trial---Investigation---Scope---Expression "fair and proper investigation" connotes two things: firstly, that the investigation should be honest, unbiased and in accordance with law, and secondly, the entire emphasis should be to dig out the truth and bring it before the court of justice. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 173--- Report of police officer---Transfer of investigation---Scope---Neither the Code of Criminal Procedure nor the Police Rules, 1934, provide any procedure for transfer of investigation of a criminal case from one police officer to the other. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB administrative authorities must exercise their powers in accordance with law---If it comes to discretion, every authority, whether original, appellate or revisional, must exercise it reasonably and fairly---Courts may set aside an action in exercise of the power of judicial review if it is arbitrary, discriminatory, irrational, unreasonable or perverse. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 173---Police Order (22 of 2002), art. 18-a---Report of police officer---Transfer of investigation---Scope---Investigation cannot be transferred after the case has been decided by the Trial Court. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB arts. 9 & 10-a---Criminal Procedure Code (V of 1898), S. 4(1)(l)---Security of person---Right to fair trial---Fair investigation---Scope---Fair investigation is also a part of right to life and personal liberty---Investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. Your Search returned total 35531 records from 18050 - 18100 Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB Reasons for decision---Scope---Certain categories are available of cases where the courts have required reasons to be given at common law, although the jurisprudence is relatively under-developed, perhaps because statutory requirements are so common---Apart from cases where fairness requires it, or a particular decision is aberrant, the duty has also been imposed where the failure to give reasons may frustrate a right of appeal, because without reasons a party will not know whether there is an appealable ground or not … and where a party has a legitimate expectation that reasons will be given. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 173---Police Order (22 of 2002), art. 18-a---Report of police officer--- Transfer of investigation--- Scope--- Even though re-investigation or further investigation is permissible, subject to art. 18a of the Police Order, 2002, it does not mean that it can be ordered in routine. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB art. 10-a---Criminal Procedure Code (V of 1898), S. 4(1)(l)---Right to fair trial---Investigation---Scope---Fair investigation is concomitant to the right to fair trial guaranteed under art. 10-a of the Constitution. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB art. 18-a--- Transfer of investigation--- Reasons for decision---Scope---Where Review Board had recommended for transfer of investigation on the grounds that: (a) cogent reasons had been given by the applicant for change of investigation; (b) prima facie, previous investigations had been conducted unilaterally without ascertaining the facts and circumstances of the case; and (c) there was circumstantial and material evidence available on record which needed further probe to dig out the real facts, High Court observed that the Review Board's recommendations were vague and it had not made any effort to substantiate them---Inspector General of Police was obligated to examine the case himself when the Review Board's recommendations were placed before him but he had rubber-stamped them---Impugned order does not reflect any application of mind, as such, the same was set aside. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB art. 18-a--- Transfer of investigation--- Scope---Re-investigation should be allowed only if some new evidence comes to light or there is some other justification for it---Reinvestigation cannot be undertaken to oblige a particular party or for some other ulterior motive. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB 'arbitrary'---Connotation. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB art. 189---Decisions of Supreme Court binding on other Courts---Scope---Where there is conflict between the judgments of the Supreme Court the one rendered by the Larger Bench prevails. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 173---Police Order (22 of 2002), art. 18-a---Report of police officer---Transfer of investigation after framing of charge---Scope---If any embargo is placed on investigation after the framing of charge, it would make art. 18a of the Police Order 2002 redundant which cannot be permitted. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 173---Constitution of Pakistan, Arts. 4 & 9---Report of police officer---Rights of individuals to be dealt in accordance with law---Security of person---Scope---Provisions of S. 173, Cr.P.C., are mandatory as their non-compliance constitutes violation of Arts. 4 & 9 of the Constitution. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 4(1)(l)---Investigation---Scope---Criminal investigation is a lawful search for people and things useful in reconstructing the circumstances of an illegal act or omission and the mental state accompanying it---Investigation is probing from the known to the unknown, backward in time, and its goal is to determine truth as far as it can be discovered in any post-factum inquiry. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB art. 18-a--- Transfer of investigation--- Scope--- article 18-a expressly requires the Heads of the District Police and the Regional Police Officers to record reasons when the recommendations of the DSB and the RSB, as the case may be, are placed before them---Said statutory duty would not be discharged by simply reproducing those recommendations---Order must demonstrate due application of mind by them otherwise it would be regarded arbitrary and struck down. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB Reasons for decision---Scope---Powerful reasons exist as to why it is desirable from administrative bodies to give reasons for their decisions---Those include improving the quality of decisions by focusing the mind of the decision-making body and thereby increasing the likelihood that the decision will be lawfully made; promoting public confidence in the decision-making process; providing, or at least facilitating, the opportunity for those affected to consider whether the decision was lawfully reached, thereby facilitating the process of judicial review or the exercise of any right of appeal; and respecting the individual's interest in understanding and perhaps thereby more readily accepting why a decision affecting him has been made. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 173--- Report of police officer---Transfer of investigation---Scope---Question as to whether investigation can be changed or, to put it in another way, whether a case can be re-investigated or further investigated after the submission of final report under S. 173, Cr.P.C. (and, more particularly after the accused is/are indicted) is quite contentious---Two seemingly irreconcilable streams of decisions on the point detailed. Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 4(1)(l)---Investigation---Scope---Section 4(1)(l), Cr.P.C., terms those proceedings as "investigation" which are conducted for collection of evidence by a police officer or any person authorized by a magistrate (who is not a magistrate himself)---Duty of the police is limited to collection of evidence---Power to determine whether an accused is guilty vests with the courts.

Citation Name: 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHOREBookmark this Case ALTAF AHMAD MAKHDOOM vs INSPECTOR GENERAL OF POLICE, PUNJAB art — 2023 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE

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