Citation Name: 2024 PCrLJ 2081 LAHORE-HIGH-COURT-LAHOREBookmark this Case Zain Ali vs Additional Inspector Gen

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Citation Name: 2024 PCrLJ 2081 LAHORE-HIGH-COURT-LAHOREBookmark this Case Zain Ali VS Additional Inspector General of Police, Punjab art. 18-a(2)---Criminal Procedure Code (V of 1898), S. 173---Penal Code (XLV of 1860), Ss. 302(b), 324, 337-a(i), 337-F(i), 337-L(2) & 34---Constitution of Pakistan, art. 199---"Further investigation" and "re-investigation"---Scope---Second change of investigation---Petitioner was aggrieved of order passed by authorities directing second change of investigation---Validity---Fresh/re-investigation can be ordered when there is a complaint alleging that the initial investigation was flawed, unfair, tainted, mala fide, or otherwise failed to serve the interests of justice---Re-investigation may bring on record conflicting evidence and contradictory opinions of Police Officers---In such situations, the Court must evaluate them following the established principles of criminal jurisprudence and rules of evidence to arrive at a correct decision---There is no prohibition on police authorities to conduct further investigations or re-investigations in a criminal case after the submission of the final report under S. 173, Cr.P.C---Law allows for further investigation, re-investigation or the transfer of an ongoing investigation even after the submission of a challan or framing of charges until the trial is concluded---However, such actions cannot be done arbitrarily; specific conditions must be satisfied and the competent authority must provide compelling justifications for their decisions---Despite the potential for trial delays, such actions are warranted if they serve the cause of justice---Further investigation or re-investigation can be ordered even when a private complaint is pending if the circumstances warrant it---Court may hold the challan case in abeyance and proceed with the private complaint following the law, but it cannot halt further investigation or re-investigation unless exceptional circumstances exist---Objection that transfer of investigation would prejudice the petitioners was repelled---Mere fact that respondent had filed a private complaint or that the Trial Court had held in abeyance the proceedings in the challan case was no ground to strike down the order---Respondent applied to the Regional Police Officer for transfer of investigation of case under art.18(2) of the Police Order, 2002---Regional Police Officer referred the matter to the Regional Standing Board for an opinion and, on its recommendation, accepted the request of respondent---Regional Police Officer had given detailed reasons supporting the order as required by law---High Court does not sit as a Court of appeal when exercising constitutional jurisdiction---Petitions had no merits and were dismissed, in circumstances.

Citation Name: 2024 PCrLJ 2081 LAHORE-HIGH-COURT-LAHOREBookmark this Case Zain Ali vs Additional Inspector General of Police, Punjab art — 2024 PCrLJ 2081 LAHORE-HIGH-COURT-LAHORE

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