هاء ڪورٽ ، جڊيشل ميجسٽريٽ يا ڪنهن ٻي ڪورٽ کي چالان جمع ڪرائڻ لاء پوليس کي حڪم ڏيڻ جو ڪو اختيار ناهي سپريم ڪورٽ آف پاڪستان۔
No power vested with any court including a High Court to override the
said legal provision and direct the police either not to submit the said
report or to submit the said report in a particular manner.
Ss.
173 & 190---Constitution, of Pakistan, Art. 185---Submission of
challan---Concerned police recommended the disposal of the case as
false---Magistrate concerned, approved
the summary submitted by the police---High Court, however, set aside
order passed by the Magistrate and directed the S.P. (Investigation) to
submit challan of the case---After passing of said order, the police
re-investigated the case and submitted the challan before the competent
court---Grievance raised by the counsel for appellants was that the
order passed by the High Court to the extent of submission of challan of
the case was invalid, unwarranted in law and without
jurisdiction---Validity--Section 173 , Cr.P.C. provided that on
conclusion of investigation, the concerned S.H.O. was required to submit
a report of the result thereof in the prescribed manner to the Judicial
Magistrate competent to take cognizance under S.190, Cr. P. C. ---No
power vested with any court including a High Court to override the said
legal provision and direct the police either not to submit the said
report or to submit the said report in a particular manner---Order of
the High Court, to the extent of setting aside the order of the
Magistrate passed. on the summary submitted by the police, appeared to
be correct, but further direction to the police for submission of
challan, was un-warranted and not sustainable in law---Power of
investigation into accusation made in the First Information Report,
vested with the police---On the basis of material collected by the
police, the police had either to send up accused persons to stand trial
or to submit a report to the Magistrate concerned for disposal of case
in accordance with law.
2011 SCMR 1430 SUPREME-COURT ( NASEER versus KHUDA BAKH
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