Muhammad Aslam vs The State
This petition for leave to appeal arose from the dismissal of a criminal miscellaneous application by the Sindh High Court, which had upheld orders for reinvestigation in a criminal case. The core legal question concerned the propriety of successive police reinvestigations and orders directing the submission of a challan after reports had been submitted recommending the disposal of the case in 'C' class. The Supreme Court of Pakistan held that once the police investigate and reinvestigate, concluding that there is no sufficient material to recommend prosecution, an aggrieved party can only file a private complaint and cannot compel the police to submit a challan. The Court laid down the principle that where a police report under Section 173 of the Code of Criminal Procedure 1898 concludes against prosecution, courts cannot arbitrarily order endless reinvestigation, and the aggrieved party's remedy lies in filing a direct complaint.
- Can an aggrieved party compel the police to submit a challan after the police conclude upon reinvestigation that there is no sufficient material to recommend prosecution?
- What is the remedy available to an aggrieved person when a police report recommends disposing of a case in 'C' class?
- Whether a Magistrate's order directing repeated reinvestigation is sustainable when the police have already submitted a final report under Section 173 of the Code of Criminal Procedure 1898?
- Section 173, Code of Criminal Procedure 1898
- Section 56, Copyrights Ordinance
- Section 66, Copyrights Ordinance
- Section 67, Copyrights Ordinance
- Section 74, Copyrights Ordinance
ORDER
' AMIR HANI MUSLIM, J. --- This Petition for leave to appeal is directed against the impugned judgment dated 03.10.2014 passed by learned High Court of Sindh at Karachi/whereby the Criminal Misc. Application filed by the Petitioner was dismissed.
2. The material facts for disposal of the instant Petition are that complainant Haroon Tariq lodged F.I.R. No. 312/2012 under Sections 56/66/67/74 of the Copyrights Ordinance, at P.S., SIU Saddar, Karachi wherein he stated that he was appointed Attorney of American Eagle Out Fitters to check goods like American Eagle Out Fitters. On 02.07.2012/he was present at Shershah Factory area/he saw container at the gate of Plot Ng.M-II-E-453, street No. 17/Block-D/Shershah Karachi and in the said container he found that different colors of shirts like American Eagle Out Fitters. He informed the police mobile which was patrolling in the area. On the pointation of the complainant ASI Syed Salahuddin taken into possession the said stuff and arrested the accused namely Muhammad Aslam while other three accused escaped from the site. Thereafter, ASI Syed Salahuddin carried out investigation and submitted final report No. 11/2012 under "C" class, which was duly accepted by the concerned Judicial Magistrate. However, on the application of the Counsel for the complainant, the Magistrate allowed reinvestigation of the matter. Sub-Inspector Muneer Ahmed investigated the matter and submitted his report that no offence was committed by the accused, but the Court did not accept the same and ordered for reinvestigation again and directed SSP, SIU to submit the Report.
3. Thereafter, the Petitioner, filed Criminal Misc. Application before the learned High Court for quashment of proceedings and setting aside the orders of reinvestigation passed by the Magistrate. Said application was heard by the learned Single Judge (in Chambers) and after hearing the Counsel for the parties, the same was dismissed. Hence this Petition for leave to appeal.
4. We have issued notice to the complainant as well as the State. As per the report of the process server, the complainant, who was employee of the company, has the job and the Director and or other relevant officer in the company, inspite of notice, has chosen to remain absent. Under these circumstances, we were left with no option, but to hear this matter.
5. It was contended by the learned Counsel for the Petitioner that the F.I.R. lodged at Police Station SIU was outside the parameters as this police station has been meant for offences which are heinous and serious in nature and have element of terrorism. He next contended that the investigation/re-investigation order resulted in disposal of case in "C" class and the complainant could not continue to hazard the petitioner.
6. We have gone through the record and we have reservations as far as registration of case is concerned. Once the police investigate thereafter reinvestigate and reach at the conclusion that there is no sufficient material to recommend for prosecution of an accused, the aggrieved can only file a complaint and cannot compel the police to submit a challan. In the case in hand, we have gone through the order of Magistrate passed on the report No. 11/12 submitted by the police under Section 173, Cr.P.0 and do not find any infirmity, which could have persuaded the learned High Court to order reinvestigation, The approach of the learned High Court was erroneous. We, therefore, convert this petition into appeal and allow the same.