| Case ID |
2615d51c-3107-46f6-8a27-d6fafbe8d062 |
| Body |
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| Case Number |
Criminal Petition No. 222 of 1982 |
| Decision Date |
Jun 22, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition by Habib against the Lahore High Court's order which had dismissed his revision petition in a case under section 364 A of the Pakistan Penal Code (P.P.C.). The court held that the Sessions Judge's order for the Investigating Officer to submit a final report under section 173 of the Criminal Procedure Code did not constitute interference with the investigation. The Supreme Court clarified the responsibilities of the Investigating Officer under sections 169 and 170, emphasizing that a final report must be submitted regardless of the evidence's sufficiency. The court's ruling reaffirmed the procedural integrity of the Criminal Procedure Code, stating that the Investigating Officer misinterpreted his powers, thus the trial court's direction to submit a final report was appropriate. |
| Summary |
This case focuses on the procedural aspects of the Criminal Procedure Code (CPC) in Pakistan, particularly sections 169 and 173. The Supreme Court addressed the issue of whether a Sessions Judge can compel the Investigating Officer to submit a final report, clarifying that such a requirement does not interfere with the investigation. The case stemmed from allegations against Habib for kidnapping a minor, leading to a revision petition after the Lahore High Court dismissed his earlier appeal. The Supreme Court's decision underscores the importance of adhering to procedural law in criminal investigations, ensuring that proper channels are followed when determining the sufficiency of evidence against an accused. With keywords like 'Criminal Procedure Code', 'Supreme Court decision', and 'legal procedures in Pakistan', this case serves as a significant reference for understanding the judicial process in criminal matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
M. S. H. QURAISHI
|
| Lawyers |
Zafar Pasha, Advocate Supreme Court,
Hameed Aslam Qureshi, Advocate on-Record,
Sh. Ejaz Ali, Advocate on-Record for the State
|
| Petitioners |
Habib
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 292 = 1983 SCMR 370
|
| Other Citations |
Emperor v. Khawaja Nazir Ahmad A I R 1945 P C 18,
Shahnaz Begum v. The Hon'ble Judges of the High Court of Sind & Baluchistan P L D 1971 S C 677,
Falak Sher and another v. The State P L D 1967 S C 425,
Muhammad Arif v. The State 1970 S C M R 178
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
173,
169
|