| Case ID |
2001aec1-bc3d-42bc-9a31-ea2c66b4cee0 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 531-M of 2007 |
| Decision Date |
May 07, 2008 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by the petitioner challenging the order of the learned Additional Sessions Judge against the order of the Judicial Magistrate. The court upheld the decisions made by the lower courts regarding the re-investigation conducted after the challan had already been submitted. It emphasized that the opinion of the police is not binding on the court and that the trial court is responsible for determining the guilt or innocence of the accused. The court reiterated that once cognizance is taken by the trial court, an Investigating Officer cannot independently declare an accused person innocent or guilty. The High Court found no basis to interfere with the orders of the lower courts and dismissed the petition. |
| Summary |
In this case, the Lahore High Court addressed the procedural aspects of criminal trials and the limitations of police investigations post-challan submission. The court underscored that police opinions are not obligatory for the court's decisions regarding guilt or innocence. It ruled that re-investigation after the trial has commenced is generally impermissible unless new, significant evidence emerges that necessitates further inquiry. This ruling aligns with established legal precedents, reinforcing the principle that once a trial is underway, the authority to modify charges lies solely with the court. The decision serves as a pivotal reference for similar cases involving procedural integrity in criminal law, highlighting the importance of judicial oversight over investigative processes. Legal practitioners and scholars will find this case relevant in discussions about the boundaries of police powers in ongoing trials. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHABBAR RAZA RIZVI, J
|
| Lawyers |
Zafar Iqbal Chohan,
Rana Muzaffar Hussain,
Ishaq Masih Naz
|
| Petitioners |
Malik ALLAH YAR KHAN
|
| Respondents |
17 others,
THE STATE
|
| Citations |
2008 SLD 525,
2008 PLD 394
|
| Other Citations |
PLD 2002, SC 590,
2000 PSC (Cr1.) 803,
2003 YLR 701,
2003 PCr.LJ 1032,
PLD 2007 SC 31,
PLD 2005 Lah. 470
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
227,
561-A
|