EHSAN ULLAH CHAUDHRY vs State Vol — 2023 PLD 233 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 233 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: EHSAN ULLAH CHAUDHRY vs State Vol
Subject matter: Criminal
Provisions referred to: S. 173

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

EHSAN ULLAH CHAUDHRY VS State Vol. III, Chap. II, R.24.7---Police Order (22 of 2002), R.18(10)---Sending cancellation report under S. 173, Cr.P.C., through the Superintendent of Police concerned---Such requirement was neither a formality nor the office of Superintendent of Police was merely a post office, instead he must forward the cancellation report after applying his mind, otherwise, the very purpose of R. 24.7 of the Police Rules, 1934 shall be defeated---Supervisory Officer" has been introduced in new system of investigation for timely "completion" and "verification" of investigation---Deputy Superintendent of Police (DSP) may call upon investigation officer to review the case and if it is deemed appropriate, he can write a police diary in that regard---Such enhanced level of Supervision was bestowed upon DSP as a check on investigation officers to improve the quality of investigation as well as to clog up aberrant investigation---By virtue of R. 24.7 of the Police Rules, 1934, it was the Superintendent of Police who was solely authorized to send the cancellation report of a criminal case to the Magistrate---Use of word 'may' in Art. 18(10) of the Order and word 'shall' in R. 24.7 of Police Rules, 1934, clearly reflects the legislature's intent and mandatory nature of the Rule.

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