| Case ID |
f74feb92-06c0-44ee-b644-4fdfbe31fdcf |
| Body |
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| Case Number |
Writ Petition No. 9788 of 2011 |
| Decision Date |
Oct 25, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Muhammad Gulfam, challenging the legality of the change of investigation in the case F.I.R. No. 344 dated 29-5-2010. The court determined that the submission of a challan does not bar the police from conducting a re-investigation, and it is within the discretion of the court to admit additional evidence collected during such re-investigation. The court ruled that the police are duty-bound to collect all relevant evidence and facilitate the administration of justice. The dismissal reaffirms established legal principles regarding police authority and the admissibility of evidence in criminal proceedings. |
| Summary |
In the case of Muhammad Gulfam vs. Regional Police Officer, Lahore, the Lahore High Court addressed the petitioner's challenge to the change of investigation after a challan had been submitted. The petitioner argued that the change was illegal since the charge had been framed and statements recorded. The court reaffirmed the principle that a re-investigation is permissible even after a challan submission, emphasizing that the police must collect all relevant evidence to support justice. Citing various precedents, the court clarified that the opinion of the Investigating Officer is not binding on the court. This case highlights the balance between police authority and judicial oversight in criminal investigations, particularly in light of Pakistan's legal framework. Keywords: criminal procedure, re-investigation, police authority, Lahore High Court, legal principles. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED IFTIKHAR HUSSAIN SHAH
|
| Lawyers |
Asif Bashir Mirza,
Abid Hussain Sahi,
Ch. Maqsood ul Hassan,
Shahid,
Ghulam Murtaza,
Mukhtar Ahmed
|
| Petitioners |
MUHAMMAD GULFAM
|
| Respondents |
,
REGIONAL POLICE OFFICER, SHEIKHUPURA RANGE, Lahore
|
| Citations |
2012 SLD 2279,
2012 PCRLJ 1493
|
| Other Citations |
Syed Javed Hussain v. SHO 2010 PCr.LJ 442,
Waseem Dogar v. D.I.-G. Police and others 2010 PCr.LJ 69,
Muhammad Yousaf v. The State and others 2008 SCMR 453,
Muhammad Ashfaq v. Amir Zaman and others 2004 SCMR 1924,
Muhammad Asif v. S.S.P. 2010 YLR 944,
Meer Dad v. Inspector-General Police 2010 YLR 3201,
Saddar Din v. Deputy Inspector-General of Police PLD 2009 Lah. 585,
Malik Allah Yar Khan Awan v. State and 17 others PLD 2008 Lah. 394
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan
|
| Sections |
156,
302,
324,
148,
149,
199
|