Citation Name : 2007 YLR 1193 LAHORE-HIGH-COURT-LAHORE
Side Appellant : NASEER AHMAD GHUMAN
Side Opponent : JAMIA MASJID BAGHDADI HANFI RIZVI BRAILVI (REGD.) ---S. 114 & O. XLVII---Police Order (22 of 2002), Art. 18(6)---Review petition--- Investigation---To ask for fair investigation, was the right of each and every citizen---If accused had been asking for the production of some further evidence in his defence during the investigation, he could not be deprived of the same as the purpose of investigation was to collect evidence and the courts had to decide about the guilt or otherwise of accused on the basis of evidence---direction of High Court in Intra-Court appeal not to consider the portion of the order of Single Judge of the High Court for submission of challan within a week, was outcome of whole order---No order was passed against petitioner at his back as alleged by hint---No ground having been made out for review of the order, petition was dismissed.
Citation Name : 2007 PLD 269 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD AKHTAR Side Opponent : ADDITIONAL DIRECTOR, ANTI-CORRUPTION ESTABLISHMENT, MULTAN ---S.5---Punjab Anti-Corruption Establishment Rules, 1985, R.15(1)(a)-Penal Code (XLV of 1860), S.409---Criminal Procedure Code (V of 1898), Ss.173 & 265-K--- Constitution of Pakistan (1973), Art.199---Constitutional petition---Inquiry conducted against accused/petitioners by Anti-Corruption Establishment--- Order for submission of challan befor e Court of competent jurisdiction--- Accused/petitioners/public servants were booked under S.409, P.P.C. read with S.5 of Prevention of Corruption Act, 1947 by Anti-Corruption Establishment on application of authorities alleging therein that the for mer had misappropriated certain amounts by awarding fake leases in favour of their own clerks and prayed for recovery of misappropriated amounts, from them (petitioners)--- Petitioners contended that three officers of Anti-Corruption Establishment who conducted investigation recommended for dropping of inquiry against them but Additional Director Anti-Corruption directed the concerned quarter to prepare challan and submit the same in Court of competent jurisdiction---Petitioners contended that under Rule 15(1)(a) of Punjab Anti-Corruption Establishment Rules, 1985, on completion of investigation, if allegations were not established, the case was to be dropped and that order of Additional Director Anti- Corruption was illegal and unlawful---Validity---Additional Director Anti- Corruption had ultimate authority to accept reports of his subordinates or to do otherwise and on the basis of material he came to conclusion that recommendation of dropping of case was not justified and keeping in view the evidence on record he approved judicial action---Rule 15(1)(a) of Punjab Anti- Corruption Rules, 1985 was not mandatory as no consequence had been provided for non-compliance of said Rule---Statute, as a general rule, was understood to be directory when it contained matter merely of direction but not when those direction s were followed up by express provision that in default of following them, the facts were to be null and void---Disobedience of Act, if it was directory, did not entail any invalidity---Punjab Anti-Corruption Establishment Rules, 1985 being not an Act of Legislature and having been made by Executive Authorities could not override parent law under which police was hound to submit challan under S.173, Cr.P.C, whatever result of investigation might be, the relevant Court would be authorized to agree or differ with the said report--- Additional Director was under no circumstances bound to drop inquiry in any situation and it was in his discretion to decide the basis of evidence to drop proceedings or not---Additional Director had, vide his order, only given direction to submit challan and after its submission petitioners would be having remedy of filing application under S.265-K, Cr.P.C.---No occasion, at such a stage, was there to interfere with order of Additional Director Anti-Corruption--- Constitutional petitions were dismissed.
Citation Name : 2006 YLR 2713 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD SAFDAR Side Opponent : DIRECTOR ANTI-CORRUPTION ESTABLISHMENT, PUNJAB ---S. 173---Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, (1of 1983), Arts.9 & 14---Penal Code (XLV of 1860), Ss.420, 486 & 471---Prevention of Corruption Act (II of 1947), S.5(2) ---Constitution of Pakistan (1973), Art.199--- Constitutional petition---Complainant got registered F.I.R. against accused/petitioner regarding issuance of incorrect "Fard Malkiat " by accused/petitioner---Subsequently matter became sub judice befor e Civil Court---On a complaint filed by complainant/respondent, Ombudsman directed complainant to approach Director General Anti-Corruption Establishment---As matter was not finally concluded complainant again approached Ombudsman who re-issued direction to respondents/ officials of Anti-Corruption Establishment to re-investigate the matter---Petitioner/ accused challenged the order of Ombudsman as to re-investigation of the matter through writ petition, raising plea that order was passed by the Ombudsman without affor ding him an opportunity of being heard---Validity ---Case of the petitioner/accused needed a factual inquiry which the High Court could not undertake in constitutional jurisdiction---Accused/petitioner failed to prove that re-investigation had caused any prejudice to accused---Multiple investigations could be carried out in criminal cases even after submission of report under S.173, Cr. P. C. and fresh challan could also be submitted---Criminal proceedings were not barred in presence of civil proceedings rather both types of proceedings could be continued simultaneously---Accused/ petitioner's contention that Ombudsman's order was passed without affor ding accused/petitioner an opportunity of hearing was without for ce as requirement of an opportunity to be heard befor e adverse order was passed, did not in all situations mean giving of personal hearing.
Citation Name : 2006 MLD 1492 LAHORE-HIGH-COURT-LAHORE
Side Appellant : GAHNA KHAN Side Opponent : State ---S.173---Penal Code (XLV of 1860), Ss.161, 162 & 419---Prevention of Corruption Act (II of 1947), S.5---Constitution of Pakistan (1973), Art. 199 Constitutional petition---submission of supplementary challan ---Trial Court, after going through data available on record, being satisfied about involvement of petitioner/accused for commission of offence, had directed the Agency to submit supplementary report under S.173, Cr.P.C. against petitioner for the offence under Ss.161 & 162, P.P.C.---Validity---Whenever a matter would come to the Court for taking cognizance, the Court would take cognizance of the whole of the matter and not only against accused sent for trial---If Trial Court was satisfied about the involvement of petitioner, then it was within cognizance/jurisdiction of the Trial Court to summon him as well to face trial irrespective of the fact that he was not shown as accused in the report under S.173, Cr.P.C.---direction of Trial Court to the Agency for submission of a supplementary challan against petitioner and his co-accused, was not justifiable---If the Trial Court was satisfied that sufficient material was on record to proceed against, petitioner, Trial Court, after taking cognizance of the matter upon the report already submitted by Agency, could summon petitioner to face trial---Impugned order to the extent of direction to the Authority for submission of supplementary report against petitioner, was set aside, with that modification in the impugned order, constitutional petition was disposed of.
Citation Name : 2006 MLD 1371 LAHORE-HIGH-COURT-LAHORE
Side Appellant : IKHLAQUE AHMAD Side Opponent : State ---Ss. 409, 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)--- Appreciation of evidence---Remand of case---Case was fit for remand and re- investigation to unearth the truth and to put to trial the real culprits---While setting aside impugned judgment, matter was remanded to the Trial Court by the High Court with direction to send case to Director, Anti-Corruption Establishment for fresh investigation/ inquiry to get hold of all real culprits and submit fresh challan ---Such exercise was directed to be completed within specified period and after submission of challan , Trial Court was to proceed with the matter expeditiously and conclude case within specified period.
Citation Name : 2006 PCRLJ 518 KARACHI-HIGH-COURT-SINDH
Side Appellant : Ch. MUHAMMAD ASHRAF Side Opponent : State --Ss. 561-A, 190 & 173---Penal Code (XLV of 1860), Ss.447, 511 & 506/34--- Quashing of order---Impugned order passed by the Magistrate on the report submitted by the Investigating Officer under S.173, Cr.P.C. was surely an arbitrary order, as it did not indicate that the Magistrate, while passing the same had considered the material collected during investigation, nor did it contain any reason for disagreeing with the opinion of the Investigating Officer---direction issued to the Investigating Officer by the Magistrate for submission of challan also was not the requirement of law---If the Investigating Officer had not submitted the report on the pro for ma specified by the Government, Magistrate could ask him to submit the report on such pro for ma, befor e entertaining it and passing an order---However, the direction for submission of challan by itself would not affect the legality of further proceedings---Even an administrative order if found arbitrary could be quashed by High Court in exercise of its inherent jurisdiction under S.561-A, Cr.P.C.---Impugned order was consequently quashed with the direction to the Magistrate to pass a proper order on the report submitted by the Investigating Officer after having considered the same in accordance with law.
Citation Name : 2005 YLR 1363 QUETTA-HIGH-COURT-BALOCHISTAN
Side Appellant : SADO KHAN KAKAR Side Opponent : State --Ss. 4/5---Criminal Procedure Code (V of 1898), Ss. 561-A, 190(3), 193(1) & 204--- Quashing of order---Sessions Court's order whereby the accused was ordered to be taken into custody and committed to Jail on having been produced befor e it pursuant to issuance of non-bailable warrant of arrest, was sought to be quashed---Specific allegation about cultivation of poppy crops by the accused was made in the F.I.R. in positive terms which prima facie, had connected him with the commission of the offence---Said report was not based on any secret infor mation---Trial Court was not bound to accept or concur with the opinion of the Investigating Officer or the result of investigation whereby the accused nominated in the F.I.R. was found innocent or not, the actual person who had cultivated poppy crops---Cognizance of the offence had since been taken by the Magistrate on the report submitted in the for m of incomplete challan under S.190(3), Cr.P.C. and not of the accused, Sessions Court therefor e was quite legally justified to issue coercive process against the accused nominated in the F.I.R., after having taken cognizance of the offence under S.193(1), Cr.P.C. in respect of the case sent to it by the Magistrate---Placing of accused in column No.2 of the challan after having been found innocent in investigation was inconsequential---direction by the Trial Court for submission s of the supplementary challan , therefor e, did not nullify the effect of its taking cognizance of the offence including the issuance of process against the nominated accused---Procuring attendance of accused by issuing non-bailable warrant of arrest was permissible within the meaning of S.204, Cr.P.C.--- Observation recorded by the Trial Court in the impugned order that sufficient evidence was available against the accused connecting him with the commission of the crime, was not conclusive but only tentative in nature having no material effect on the evidence yet to be adduced at the trial, nor such a tentative observation in any way amounted to prejudging of the criminal liability of the accused---Impugned order did not suffer from any legal infirmity---Petition was dismissed accordingly.
Citation Name : 2005 YLR 3127 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHABBAT ISLAM Side Opponent : ADDITIONAL SESSIONS JUDGE/ JUSTICE OF PEACE ---Ss. 302/324/148/149/447/337-A (ii)/337-F(v) --- Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B---Constitution of Pakistan (1973), Art. 199--- Constitutional petition ---Interference by Justice of Peace in the judicial functions of the Trial Court---Validity---Main murder case was pending in the Trial Court after the submission of the challan by the police, when on the application of accused moved under Ss.22-A & 22-B, Cr.P.C. Justice of Peace had given certain direction s to the Investigating Officer for making detailed investigation in respect of the cross-version, by means of the impugned order---Even earlier on the move of the accused Justice of Peace had directed the police to record their cross-version and investigate the matter---If accused were not satisfied with the result of investigation, they could have moved the higher Authority to transfer the investigation, but they had no right to again move the Justice of Peace for recording the cross-version afresh---Trial Court after the submission of the challan had taken the cognizance of the case and it could pass appropriate orders relating to the matter and during pendency of the trial any order passed by the Justice of Peace under S.22-A and 5.22-B, Cr.P.C. which was an executive order, would amount to interference in the judicial proceedings, which could not be allowed to continue as in this way the trial in a criminal case would never come to its logical end---Impugned order was consequently set aside being without jurisdiction---Constitutional petition was accepted accordingly.
Citation Name : 2005 MLD 1504 LAHORE-HIGH-COURT-LAHORE
Side Appellant : HALEEM YOUSAF alias CH. PERVAIZ Side Opponent : State --S. 498---Offence of Zina (Enfor cement of Hudood) Ordinance (VII of 1979), S.15---Pre-arrest bail, grant of---Accused was holding double nationality--- Accused left for abroad after grant of bail as challan was not submitted in the Court---On submission of challan notices were issued to accused but he failed to appear on which he was proceeded under Ss.87/88, Cr.P.C. and was declared proclaimed offender--Contention of accused was that. he proceeded abroad on assurance of his counsel for posting an intimation on submission of challan and his absence was neither deliberate nor wilful---Accused on direction of High Court surrendered his passport---Accused was granted bail on merit by Trial Court---Accused who was a national of Netherlands also, his proceeding abroad on the assurance of his counsel could not be doubted---Absence of accused, could not be termed as deliberate---Pre-arrest bail of accused was confirmed, in circumstance.
Citation Name : 2003 MLD 948 PESHAWAR-HIGH-COURT-NWFP
Side Appellant : ABDUR RAZAQ Side Opponent : THE STATE ---Ss.497, 167 & 344---Prohibition (Enfor cement of Hadd) Order (4 of 1979), Arts.3/4---Bail---Conduct of the Investigating Agency was highly deplorable which had delayed the submission of the challan in the Court for a long time without any justification and despite repeated clear direction s in this behalf--- Prosecution had failed to abide by the law and the rules so laid by the superior Courts---Magistrates and other Courts at the District level were not faithfully observing the requirements of Ss.167 & 344, Cr.P.C. thus paving the way for the police to withhold the challan from the Court for longer period at their whims and wishes---Accused had an indefeasible right to get speedy trial and any unnecessary delay at the investigation stage was bound to cause delay in the conclusion of the trial denying such right to him---Any expression of opinion on the grounds urged for bail at such stage would have certainly prejudiced the prosecution case at trial, which had already commenced--Bail was declined to accused in circumstances---Trial Court in the interest of justice was directed to conclude the trial within two months, otherwise the accused would be deemed to have been released on bail by the High Court---Bail application was disposed of accordingly.
Citation Name : 2003 YLR 1097 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD IQBAL Side Opponent : INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE ----S. 324---Criminal Procedure Code (V of 1898), S.173---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Despite the investigation having been completed in the case up to the level of I.-G. Police, the matter was statedly being prolonged with mala fide intention just to cause pressure upon the petitioner for compromise---direction for submission of challan in the Court though had been given about one year back, yet no interim report was even sent by the local police to the Ilaqa Judicial Magistrate, otherwise he might have commenced the trial and in this way the petitioner could be saved from the financial burden of travelling hither and thither--Sessions Judge, in circumstances, was directed to hold an inquiry to find out as to who was responsible for not having submitted the interim report as required under S.173, Cr. P. C. and also recommend for an action against the defaulter---Sessions Judge was also directed to order for submission of the interim report in the Court within shortest possible time--- Constitutional petition was disposed of with the said direction s.
Side Appellant : SHEIKH ZAHOOR-UD-DIN Side Opponent : THE STATE Criminal Procedure Code (Cr.P.C) ----S. 497---Penal Code (XLV of 1860), Ss.409/420/468/471---Prevention of Corruption Act (II of 1947), S.5(2)---Bail, grant of---Prosecution was twice directed for submission of challan against the accused, once by the Supreme Court and then by the High Court, but the prosecution did not comply with the said direction s---Even at time of hearing of bail application the prosecution could not submit the challan against the accused---Failure of the prosecution to comply with the direction s of the Supreme Court and the High Court, was a good ground for the release of the accused on bail---Accused way admitted to bail in circumstances.
Citation Name : 2002 PCRLJ 432 LAHORE-HIGH-COURT-LAHORE
Side Appellant : SHAUKAT HUSSAIN Side Opponent : THE STATE Pakistan Penal Code ----Ss. 337-H, 319 & 302---Criminal Procedure Code (V of 1898), Ss.439 & 561-A---Appreciation of evidence---Inherent powers of the High Court, exercise of---Initially case against the accused was registered under S.337- H, P.P.C. and subsequently during the investigation S.337-H, P.P.C. was substituted for S.319, P.P.C.---After submission of challan the Magistrate empowered under S.30, Cr.P.C., framed charge against the accused under S.319, P.P.C. and proceeded with the trial--Subsequently the Magistrate referred the case to the Court of Session as according to him .he had no jurisdiction to try the case---On said reference. the Sessions Judge entrusted the case to Additional Sessions Judge who framed the charge against the accused under S.302, P.P.C. and proceeded with the case---Application for sending the case to the Court of Magistrate Section 30, Cr.P.C. having been dismissed by the Additional Sessions Judge, the accused had filed petition under S.561-A, Cr.P.C. which had been converted by the High Court into a revision--Courts below had failed to appreciate the fact that S.31S P.P.C which deals with the cases relating to Qatl-e- Khata, was art independent offence and had no nexus with S.302, P.P.C. which deals with cases relating to Qatl-e-Amd---Magistrate who had enhanced powers to hear cases under S.30, Cr.P.C. would be competent to try all the cases which were not punishable with death---Additional Sessions Judge lead wrongly charged the accused under S.302, P.P.C. as no material was available to attract the provisions of S.302; P.P.C.---Orders passed by th8 Courts below were set aside with direction to send back the case to the Judicial Magistrate having powers under S.30, Cr.P.C. who would proceed with the case accordingly.
Citation Name : 2001 YLR 263 LAHORE-HIGH-COURT-LAHORE
Side Appellant : AZIZ ULLAH KHAN Side Opponent : S.H.O., POLICE STATION CITY, MIANWALI Pakistan Penal Code ----Ss.302/324/379/411---Criminal Procedure Code (V of 1898), S.173---Constitution of Pakistan (1973), Art. 199 --- Constitutional petition---submission of challan in the Court---Accused had sought a direction from High Court to the S.H.O. to submit the challan according to his objective findings-- Report of the District Attorney showed that the offence under S.302, P. P. C. was made out, but at the same time police had given the opinion that the offence under S.322, P. P. C. was made out and the challan should be submitted under that provision---District Attorney under S.173, Cr. P. C. was empowered to submit the challan befor e the Court of competent jurisdiction and he was duty- bound to carefully examine the statements, and the documents sought to be produced by the prosecution during the trial and also to examine the nature of the offence committed by the accused---District Attorney was fully competent and had the lawful authority to convert the challan into the offence which according to his opinion prima faice had been committed, if a wrong provision had been mentioned in the challan by the police---Police, however, could not be given the power to decide the nature of the offence and to submit the challan in the Court of its choice---District Attorney was not bound by the finding of police and he being the legal expert was empowered to decide the nature of the offence and choose the Court for submission of the challan ---Constitutional petition was consequently dismissed with the direction to the District Attorney to submit the challan befor e the Sessions Court which would decide at the time of framing of charge the relevant provision of the Penal Code.
Side Appellant : ANWAR-UL-HAQ Side Opponent : DEPUTY INSPECTOR-GENERAL OF POLICE, LAHORE RANGE, LAHORE Drugs Act 1976 ----Ss. 11, 22, 23, 27 & 30---Criminal Procedure Code (V of 1898), S.561-A---Sale of drug after its expiry date---Allegation against accused was that he sold medicine after its expiry date---Alleged offence prima facie fell under S.23(1)(vi) of Drugs Act, 1976, punishment for which as provided under S.27(4) of the said Act was five years' imprisonment and fine--Offence was non- cognizable in view of S.30(2) of the Act and under S.30(3), same was triable by Drug Court---Registration of case against accused at the direction of Assistant Commissioner and raid conducted at medical store of the accused by Assistant Commissioner alongwith Executive Magistrate and investigation by Police as well as submission of challan , was devoid of legal authority and without jurisdiction.
Citation Name : 2000 MLD 1935 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD ASHIQ Side Opponent : SPECIAL JUDGE, SUPPRESSION OF TERRORIST ACTIVITIES, BAHAWALPUR Criminal Procedure Code (Cr.P.C) ----S. 173---Penal Code (XLV of 1860), S.302/148/149---Constitution of Pakistan (1973), Art.199---Constitutional petition---Discharge of accused on police report by Trial Court after taking cognizance of the case ---Validity--Trial Court had initially summoned all the accused and distributed the necessary copies of statements to them with a view to conduct the trial---Case -had also been fixed for framing of the charge---Court did not choose to await submission of the complete challan and it consciously proceeded to commence the trial on the basis of the interim report---Trial Court, thus, had already taken cognizance of the offence and it was no longer open to it to entertain a fresh police report and discharge the accused---Impugned order was consequently set aside with the direction to Trial Court to proceed with the trial of all the accused including the discharged accused in accordance with law.
Citation Name : 1997 MLD 2094 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD JAMIL Side Opponent : S.H.O., P.S. AHMADPUR, DISTRICT SHEIKHUPURA Criminal Procedure Code (Cr.P.C) ----Ss.169, 170 & 173 --- Penal Code (XLV of 1860), S.435 --- submission Of challan --- Investigation Officer after completing investigation in case, submitted challan against accused to prosecution branch with the request to submit Same befor e competent Court for its trial, but prosecution branch did not submit challan before Court and instead, Assistant Advocate-General, directed Investigation Officer to get accused discharged from case as according to his opining prosecution case was highly doubtful and merited discharge of accused-- -Investigating Officer has to submit report to a Magistrate competent to take cognizance, even if, according to his investigation no sufficient evidence or reasonable ground or suspicion was for med against accused to justify for warding challan --- Investigating Officer, on completion of investigation, was duty bound to submit challan without unnecessary delay befor e competent Court --- If in the opinion of Assistant Advocate-General prosecution case was highly doubtful and merited discharge of accused from competent Court, Investigation Officer, would not be debarred to re-investigate case --- Even if Investigation Officer had submitted challan , nothing was in law to prevent Investigating officer from submitting a subsequent report in supersession of his earlier report under S. 173, Cr. P. C. on his own motion or on direction s of higher Authorities-- No justification thus existed in not submitting challan in case, in circumstances.
Citation Name : 1996 PLD 306 KARACHI-HIGH-COURT-SINDH
Side Appellant : HALEEM SHAH Side Opponent : THE STATE West Pakistan Arms Ordinance 1965 S. 13-D ---Criminal Procedure Code (V of 1898), 8s. 169 & 439 --- Trial Court after submission of challan by the police immediately took cognizance of the case ---Subsequent to that there was no scope for entertaining a report under S. 169, Cr. P.C. and there was no provision of law for allowing the same at that stage --- instead of deciding the case on merits Trial Court passed the impugned order releasing the accused under S. 169, Cr.P.C. on the report of prosecution --- Said order of Trial Court was not only in direct conflict with its earlier order and amounted to its review, but was also misconceived and unwarranted by law and the same was consequently set aside with the direction to Trial Court to proceed with the case and dispose it of in accordance with law --- Revision petition was allowed accordingly.
Citation Name : 1994 PCRLJ 1375 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ALLAH YAR Side Opponent : S.H.O Pakistan Penal Code ------S. 302/148/149/109---Constitution of Pakistan (1973) Art.199---Constitutional petition---Case against accused respondents had already been cancelled and no direction for holding fresh investigation and submission of challan in the case could be issued---Petitioner, if so advised, could file a private complaint against the accused under S.190, Cr.P.C.---Constitutional petition was disposed of accordingly.
Citation Name : 1970 PCRLJ 837 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD ASIF RANJHA Side Opponent : SULTAN ALI Letters Patent (Lahore) ---Art. 22-High Court, jurisdiction of-Police withholding submission of challan -sheet although a prima facie case made out-Article 22 of Letters Patent (Lahore), held, attracted also to a concluded investigation and not limited to a direction for preliminary investigation-High Court can direct transfer of investigation from one officer to another.