NAJEEM KHAN vs The STATE and 5 others
This criminal revision application challenges an order passed by the III Judicial Magistrate, Sehwan at Thana Bula Khan, which accepted a police report under section 173 of the Code of Criminal Procedure 1898 in 'B' class and authorized proceedings against the complainant under section 182 of the Pakistan Penal Code 1860. The core legal question was whether the Investigating Officer conducted a proper investigation before concluding the FIR was false and initiating proceedings against the complainant. The Court held that the investigation was deficient, noting that the Investigating Officer failed to obtain crucial evidence, such as tracking data for the allegedly snatched vehicle, and relied on statements from local witnesses while ignoring the fact that the complainant was a transient passerby. Consequently, the Court set aside the impugned order and directed further investigation, emphasizing that while an Investigating Officer is empowered to conclude an investigation as false, they must first collect tangible, systematic evidence to support such a conclusion before initiating penal proceedings against a complainant, as failure to do so violates the basic scheme of investigation and norms of justice.
- Can a Magistrate accept a police report under section 173 of the Code of Criminal Procedure 1898 without ensuring the investigation was conducted systematically?
- Is an Investigating Officer required to collect tangible evidence before concluding an FIR is false and initiating proceedings under section 182 of the Pakistan Penal Code 1860?
- Does the failure to obtain tracking data for a vehicle in a theft case constitute a deficient investigation?
- Section 173, Code of Criminal Procedure 1898
- Section 182, Pakistan Penal Code 1860
ORDER
SHAHNAWAZ TARIQ, J.---Through the captioned revision application, applicant Najeem Khan has agitated the impugned order dated 14.10.2014, whereby the learned III Judicial Magistrate, Sehwan at Thana Bula Khan has approved the report under section 173, Cr.P.C. Under "B" class and Investigation Officer was permitted to initiate legal action against the complainant under section 182, Cr.P.C.
2. Learned counsel for the applicant vehemently contended that police has failed to conduct proper investigation and submitted report under section 173, Cr.P.C. After recording the statements of defence witnesses which is not permissible under the law. He further submitted that impugned order may be set aside and Investigating Officer be directed to conduct further investigation and make hectic efforts for recovery of the snatched vehicle.
3. Learned A.P.G. Extended no objection and submitted that the Investigating Officer is present in Court and if he be permitted to conduct further, a fruitful result can be achieved.
4. Perusal of the available record and considering the arguments advanced by the parties has emanated that the incident took place on 03.08.2014, but FIR was lodged by the complainant on 14.08.2014, at 2130 hours, for which no plausible explanation has been furnished. During the course of investigation, neither the owner of the vehicle was examined by the Investigating Officer nor any effort was made to procure his attendance and even the owner himself did not appear along with the relevant papers to strengthen his case. Likewise, the complainant has also failed to produce the eye-witnesses or any other cogent evidence in support of his report. The Investigating Officer recorded the statements of independent witnesses namely Muhammad Din, Nawaz Ali, Bilawal, Dado and Gul Jan, residents of same locality and allegedly available on the spot at the relevant time and they have categorically discarded the commission of the alleged offence. Thereafter the Investigating Officer submitted report under section 173, Cr.P.C. Under 'IV Class before the learned III Judicial Magistrate, Sehwan at Thana Bola Khan, and the same was accepted by the concerned Court vide order dated 14.10.2014, and the Investigation Officer was permitted to initiate legal action against the complainant under section 182, Cr.P.C.
5. Considering the peculiar circumstances discussed supra, I am of the considered view that the Investigating Officer has not conducted the investigation properly and certain corners remained unchecked. Undeniably, the snatched vehicle was purchased by the owner by availing leasing facility and tracking system was also installed in said vehicle but no such record was obtained from the concerned tracking company. From the scrutiny of the record produced by the Investigation Officer it is crystal clear that he has concluded the investigation after the recording the statements of independent witnesses allegedly residents of the vicinity while the complainant was by a passerby as he was plying his vehicle from Karachi to Hyderabad, and on the way the alleged incident occurred. Therefore, it was mandatory for the Investigating Officer to conduct the investigation by adopting all the possible measures, but without conducting systematic investigating and obtaining the tracking record had concluded that the complainant has lodged a false FIR and A was also anxious to initiate legal proceedings against the complainant under 182, Cr.P.C. Which is utter violation of the basic scheme of investigation and settled norms of justice.
Undoubtedly, the Investigating Officer is empowered to conclude the process of the investigation to false and fabricated but prior to such conclusion, he must collect tangible evidence in support of his report.
6. Consequently, to meet the ends of the justice, the owner of the vehicle Mohsin Hussain is directed to appear before the Investigating Officer and extend full cooperation in this regard. The Investigating Officer will also collect entire data of the tracking company regarding the snatched vehicle so that the correct position of the movement of the snatched vehicle may be ascertained by the Investigating Officer.
7. Accordingly, by consent the impugned order dated 14.10.2014, passed by the learned III Judicial Magistrate, Sehwan at Thana Bula Khan is hereby set aside and Investigating Officer is directed to conduct further investigation properly and honestly strictly in accordance with law and submit such report before the concerned Magistrate.
Accordingly, instant criminal revision application stands disposed of in the above terms.