| Case ID |
67b01741-481c-484e-89c6-9f53fe78dcae |
| Body |
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| Case Number |
Writ Petition No. 797 of 2012 |
| Decision Date |
Jul 07, 2012 |
| Hearing Date |
Jul 04, 2012 |
| Decision |
The High Court dismissed the writ petition filed by the petitioner, ZAHEER IQBAL, who sought to restrain the police from submitting a supplementary challan in a case where he had previously been exonerated. The court held that there is no statutory prohibition against the police conducting further investigations after a final report has been submitted under section 173 of the Criminal Procedure Code. The court emphasized that the police have the authority to re-investigate cases if new evidence comes to light, and that the previous investigation should not prevent the pursuit of the truth. The decision was based on established legal principles and previous case law that affirmed the police's right to investigate and submit supplementary reports. |
| Summary |
This case revolves around a writ petition filed by ZAHEER IQBAL against the Senior Superintendent of Police, District Mirpur, AK, and two other respondents. The petitioner was previously arrested and released in a case concerning the alleged sale of LPG gases in lower weights, with a concocted FIR filed against him due to personal rivalry. After being exonerated under section 169 of the Criminal Procedure Code, the petitioner challenged the police's directive to submit a supplementary challan. The High Court ruled that there are no legal barriers preventing the police from conducting further investigations or filing supplementary challans after a final report has been submitted. The court underscored the importance of justice and the police's role in uncovering the truth, supporting the notion that investigations can be revisited if new information arises. The ruling aligns with previous legal precedents affirming the police's powers in such matters. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
M. TABASSUM AFTAB ALVI, J
|
| Lawyers |
Sadaqat Hussain Raja,
Sardar M.R. Khan, Additional Advocate-General
|
| Petitioners |
ZAHEER IQBAL
|
| Respondents |
2 others,
SENIOR SUPERINTENDENT OF POLICE, DISTRICT MIRPur, AK
|
| Citations |
2012 SLD 236,
2012 PCRLJ 1811
|
| Other Citations |
Farrukh Ahmad Chughtai v. Muhammad Imtiaz and 6 others PLJ(sic) SC (AJ&K) 1,
Suleman v. Fateh Naseeb and others 1995 PCr.LJ 1543,
Muhammad Khan v. Inspector-General of Police, Punjab Civil Secretariat, Lahore and 2 others PLD 1978 Lah. 731
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Azad Jammu and Kashmir Interim Constitution Act, 1974
|
| Sections |
173,
169,
44
|