Citation Name: 2023 YLR 264 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH vs State art

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Citation Name: 2023 YLR 264 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH VS State art. 18-a(2)--- Criminal Procedure Code (V of 1898), S. 173---Penal Code (XLV of 1860), Ss. 324, 337-a (i), 337-F(iii), 148 & 149---Constitution of Pakistan, art. 199---Constitutional petition---"Further investigation" and "re-investigation"---Distinction---Second change of investigation---attempt to Qatl-i-amd, Shajjah-i-Khafifah, Ghayr-Jaifah Mutafahimah and rioting armed with deadly weapons were alleged in FIR---Petitioner was aggrieved of order passed by authorities directing second change of investigation--- Validity--- Further investigation, was continuation of earlier investigation and not a fresh investigation or re-investigation to be started ab initio wiping out the earlier investigation altogether---Further investigation was done to find a concrete evidence or strong evidence against the person whereas re-investigation was done when case was on wrong track or convicted was found not guilty and criminal was on loose---First Information Report was registered on 26-12-2020 and after two successive investigations one accused was found involved whereas other four were found innocent and challan was put into the Court---Recommending second change of investigation by Board mentioned in its report that investigation was not conducted on right lines---No reasons were mentioned in the order for transfer of investigation which was the requirement of art. 18-a(2) of Police Order, 2002, nor was slackness or inefficiency of earlier investigator pointed out and even action was not recommended against them---Question who made the fire, depended upon role assigned to accused in crime report which could only be determined through recording of evidence before Trial Court---If police had received any additional information in such respect at later stage it could possibly be placed before Trial Court through another report under S.173, Cr.P.C.---High Court set aside the order passed by authorities permitting second change of investigation---Constitutional petition was allowed in circumstances.

Citation Name: 2023 YLR 264 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH vs State art — 2023 YLR 264 LAHORE-HIGH-COURT-LAHORE

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