Muhammad Anwar vs State Ss — 2026 MLD 182 KARACHI-HIGH-COURT-SINDH

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Muhammad Anwar VS State Ss. 265-F(7), 94, 540, 510 & 561-a---Constitution of Pakistan, art. 10-a---application seeking direction to Forensic DNa and Serology Laboratory for obtaining and matching a DNa profiling was dismissed---Held: It was an undisputed fact that the applicants did not submit such an application before the Investigating Officer during the investigation, nor did they approach the Judicial Magistrate supervising the investigation---Failure to raise such request at the proper procedural stage rendered the present application legally untenable---Record reflected that prosecution evidence had already concluded, statements of the accused under S.342, Cr.P.C., hadbeen recorded and the defense was now leading its evidence---Defense had a fair opportunity to challenge the DNa report through cross-examination but failed to do so---at this advanced stage, the request for further forensic examination was merely an attempt to reopen the investigation, which was impermissible under the law---Section 265-F(7),Cr.P.C., did not empower the Court to order a fresh investigation or conduct additional forensic testing---applicants' request for DNa profiling effectively sought to revive an aspect of the investigation, which fell outside the scope of said provision---Trial Court rightly held that what was not permissible directly could not be done indirectly---While exercising revisional jurisdiction, High Court must determine whether the trial Court committed a jurisdictional error or a manifest illegality---Trial Court had correctly applied the law and there was no illegality, irregularity, or miscarriage of justice in the impugned order---Petition was dismissed, in circumstances.

Muhammad Anwar vs State Ss — 2026 MLD 182 KARACHI-HIGH-COURT-SINDH

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