Wednesday, 23 November 2016

Ultimate decision as to whether person was guilty or not, rested with the court of law and not with the police

Ultimate decision as to whether person was guilty or not, rested with the court of law and not with the police (Mujjan Ali Panhwar )
Ss.169, 170 & 173 ---Investigation of case---Crux of Ss.169, 170 & 173 , Cr.P.C., was that the Investigating Officer had to submit the final report with regard to the result of his investigation for taking cognizance, or passing order under S.173 , Cr.P.C.---Police, could not adjudicate the guilt or innocence of the offender, because it was not their duty to decide as to which party was wrong or right---Investigation was required to be completed without unnecessary delay or impediment and as soon as, it was complete, the challan was required to be submitted not late r than 14 days---Ultimate decision as to whether person was guilty or not, rested with the court of law and not with the police.
2016 YLR 37 KARACHI-HIGH-COURT-SINDH
Side Appellant : ZEESHAN MUSTAFA LASHARI
Side Opponent : PROVINCE OF SINDH

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