DILSHAD AKBAR vs INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE art — 2025 PLD 137 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

DILSHAD AKBAR VS INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE art. 18-a---Penal Code (XLV of 1860), Ss. 430, 468 & 471---Criminal Procedure Code (V of 1898), S. 200---Transfer of investigation---Private complaint, pendency of---Effect---accused was facing trial in private complaint for committing offences of cheating and forgery---During pendency of trial of private complaint, police authorities transferred investigation for re-investigation of FIR registered against accused---Validity---There are three police hierarchies bestowed with power to transfer investigation i.e. the Head of District Police; the Regional Police Officer; and the Provincial Police Officer---Transfer of investigation is not a matter of routine or simple compliance of art. 18-a of Police Order, 2002, instead it is ordered if some further material relevant to the case is required and to find out the truth for advancement of the cause of justice, and not to oblige one party to the detriment of the other for some ulterior motive---Before making such order, troubles of parties in producing their witnesses/evidence time and again should also be kept in mind---Such power is not unfettered rather qualified by certain contingencies and pre-requisites, inter-alia, discovery of some new event or evidence; previous investigation being unilateral, or based on mala fide, or excess of jurisdiction, or having serious flaw(s) or being unsatisfactory for some reasons etc.---High Court is also under legal obligation to see legality and validity of repeated transfers of investigation in the light of peculiar facts and circumstances of each case---High Court directed the authorities that re-investigation or further investigation within the contemplation of art. 18-a of Police Order, 2002 could be conducted after conclusion of proceedings in private complaint depending upon fate of trial, pursuant to order in question---Constitutional petition was allowed accordingly.

DILSHAD AKBAR vs INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE art — 2025 PLD 137 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 PLD