| Case ID |
1019e048-5cff-4c0c-bf77-e266c5b99a80 |
| Body |
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| Case Number |
Writ Petition No. 1129-A of 2016 |
| Decision Date |
Jul 03, 2017 |
| Hearing Date |
Jul 03, 2017 |
| Decision |
The Peshawar High Court, in its decision on Writ Petition No. 1129-A of 2016, addressed the issue concerning the re-investigation of a criminal case after the submission of a complete challan. The court held that police authorities possess the competence to order a re-investigation if the facts of the case warrant it. The court referenced previous judgments that confirmed there is no legal bar preventing the re-investigation of a criminal case, even after a final report has been submitted under section 173 of the Criminal Procedure Code. However, it was clarified that such re-investigation cannot occur if the case has already been finally disposed of by a trial court. In this instance, the court concluded that the order for re-investigation issued by the police was lawful and upheld the decision, leading to the dismissal of the petition. |
| Summary |
The case revolves around the Peshawar High Court's ruling on the powers of police authorities regarding the re-investigation of criminal cases. The petitioner challenged the legality of an order that allowed for a re-investigation after a complete challan had been submitted. The court reaffirmed that while there is a general allowance for re-investigation, it cannot take place if the trial court has already made a final decision on the matter. This ruling is significant as it clarifies the boundaries of police authority in criminal proceedings, ensuring that due process is maintained while also allowing for the possibility of revisiting cases where new evidence may arise. The judgment highlights the balance between enforcing the law and safeguarding the rights of individuals involved in criminal proceedings, emphasizing the judiciary's role in overseeing law enforcement actions. Key terms include: Peshawar High Court, criminal procedure, re-investigation, police authority, legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED AFSAR SHAH,
SYED MUHAMMAD ATTIQUE SHAH
|
| Lawyers |
Fazal-I-Haq Abbasi for Petitioner,
Raja Muhammad Zubair, A.A.G. and Atif Ali Jadoon for Respondents/the State
|
| Petitioners |
TAHIR JAVED
|
| Respondents |
THE STATE THROUGH A.G. KPK PESHAWAR AND OTHERS
|
| Citations |
2018 SLD 2137,
2018 PLD 162
|
| Other Citations |
Raja Khurshid Ahmad v. Muhammad Bilal and others 2014 SCMR 474,
Bahadur Khan v. Muhammad Azam and 8 others 2006 SCMR 373
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
156,
173,
199
|