Citation Name: 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. SAIRA FATIMA SADOZAI vs D.I

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Citation Name: 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. SAIRA FATIMA SADOZAI VS D.I.G. INVESTIGATION art. 18-a--- Transfer of investigation---Reasons for decision---Scope---Perusal of art. 18a(1) of Police Order, 2002, reveals that for dealing with application for change of investigation, two steps are necessary for District Police Officer i.e. (i) to get opinion from District Standing Board and (ii) after receipt of opinion from District Standing Board to give reasons in writing---Getting opinion from District Standing Board is inclusive and not conclusive---Opinion of District Standing Board cannot be made as a "sole" basis for change of investigation; District Police Officer is not bound to accept such opinion blindfoldly, rather after receipt of opinion, he has to examine entire facts and then while giving express/valid reasons in writing to pass order regarding change of investigation or otherwise, as the case may be. Citation Name: 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. SAIRA FATIMA SADOZAI VS D.I.G. INVESTIGATION art. 18-a---Criminal Procedure Code (V of 1898), Ss. 173 & 172---Police Rules, 1934, R. 22.55---Transfer of investigation---Submission of challan---Diary of proceedings in investigation---Files of case diaries---Scope---If after submission of challan in the Court and forwarding police file with the same, further or fresh/re-investigation is going to be ordered and police file is required then providing proper written intimation in this regard to the Trial Court is very much necessary. Citation Name: 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. SAIRA FATIMA SADOZAI VS D.I.G. INVESTIGATION art. 18-a--- Criminal Procedure Code (V of 1898), Ss. 4(1)(l) & 173---Transfer of investigation---Submission of challan---Scope---If after completion of investigation and sending challan report prepared under S. 173, Cr.P.C., it is felt or highlighted that during already conducted investigation, certain aspects regarding basic/constituting elements of the offence or version of the accused could not be investigated, new facts/better evidence or further information has become available which has direct/essential/vital nexus with alleged crime, proclaimed offender in the case has been arrested and important piece of evidence like recovery of weapon of offence is to be collected and other allied matters to be investigated, defects of vital nature in already conducted investigation has been marked/detected/pointed out, already conducted investigation remained unsatisfactory due to non-availability of required evidence or through induction of false evidence due to corrupt behavior of Investigating Officer (concerned), then, non-conducting of further or fresh/re-investigation would virtually amount to putting a seal on human error and with no opportunity to make amends although it be possible to do so---Police as State agency should be as much interested as any other agency concerned in the administration of justice, to find out the truth regarding crime and lay the whole facts before the Court---Statutory functions of police as investigating agency and Courts are complementary to each other without overlapping---Fact that previous investigation had yielded certain results does not act as a hurdle or a deterrent for the police in reaching the truth if additional facts/circumstances are brought to light help in its discovery---No embargo exists on the transfer of investigation from one police officer to the other and to carry out further or fresh/re-investigation of the case even after submission of challan in the Court. Citation Name: 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. SAIRA FATIMA SADOZAI VS D.I.G. INVESTIGATION art. 18-a---General Clauses act (X of 1897), S. 24-a---Transfer of investigation---Reasons for decision---Scope---Petitioner assailed order passed by DIG Police (Investigation) whereby investigation was transferred---Validity---Perusal of the impugned order revealed that DIG Police (Investigation) after receipt of opinion of District Standing Board without mentioning the quality of already conducted investigation as well as conduct of first Investigating Officer and even without mentioning that which fact of the case had earlier not been seen/verified and now required verification, transferred investigation---Impugned order did not carry valid/express reasons in writing by DIG Police (Investigation), hence, same did not fulfill spirit of art. 18-a of Police Order, 2002 as well as S. 24-a of the General Clauses act, 1897 and thus not sustainable---Impugned order was set aside and the matter was remanded for decision afresh. Citation Name: 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. SAIRA FATIMA SADOZAI VS D.I.G. INVESTIGATION art. 18-a--- Criminal Procedure Code (V of 1898), Ss. 4(1)(l) & 551---Constitution of Pakistan, art. 10-a---Investigation---Object---Right to fair trial---Transfer of investigation---Scope---Purpose of "investigation" is to dig out the truth regarding crime/occurrence and put up the same before the Court---Investigating Officer has to collect entire relevant facts of the occurrence irrespective of the fact that such facts favour prosecution or accused; he is under obligation to collect the evidence honestly, justly and fairly for bringing the truth on record not only to build up the case of complainant with evidence enabling the Court to record conviction but also for reaching to a just and fair decision---If investigation is not conducted on merits then ultimately it causes frightful harm to the concept of fair trial guaranteed by art. 10-a of the Constitution---Criminal Procedure Code has no express provision for making order regarding change or re-investigation is available yet same subject has been dealt in the light of S. 551, Cr.P.C. and under administrative control of police hierarchy---However, in Police Order, 2002, such subject was expressly dealt by art. 18 and not being dealt under article 18-a introduced through the Punjab Police Order (amendment) act, 2013.

Citation Name: 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. SAIRA FATIMA SADOZAI vs D.I — 2023 PCrLJ 427 LAHORE-HIGH-COURT-LAHORE

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