KHUSHI MUHAMMAD AND Another vs The STATE
This petition for leave to appeal challenged an order of the Lahore High Court, which had dismissed in limine the petitioners' application for quashment of criminal proceedings. The petitioners were accused in an F.I.R. registered under Section 307/34 of the Pakistan Penal Code, later converted to Section 302. During the police investigation, the petitioners were placed in column No. 2 and found innocent; however, they were still challaned and brought before the Inquiry Magistrate. The core legal question was whether, once the police investigation concludes that a party is innocent, any further inquiry against that party is legally barred under Section 173 of the Code of Criminal Procedure 1898. The Supreme Court upheld the High Court's decision, holding that the police's opinion on innocence or guilt is not binding and does not usurp the judicial function of the court. The Court affirmed that the police do not determine guilt or innocence, and therefore, the inquiry proceedings were properly initiated and could not be quashed on the basis of the police report alone.
- Does a police finding of innocence during investigation bar further criminal inquiry against an accused?
- Is the police opinion regarding the guilt or innocence of an accused binding on the court?
- Can criminal proceedings be quashed solely because the police report placed the accused in column No. 2?
- Section 307, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
ORDER
1. WAHEEDUDDIN AHMAD, J.-On the 26th May 1971, an F. I. R was registered at Police Station Miani, District Sargodha against the petitioners and one Mohammad Nazar alias Nazra, son of petitioner No. 1 and brother of petitioner No. 2, under section 307/34, P. P. C. Which was subsequently changed to section 302, P. P. C. The occurrence took place on the 26th May 1971, at dophar-wela. During the investigation, the, police placed the petitioner No. 1 in column No. 2 and petitioner No. 2 was found innocent. In spite of this, the petitioners have been challaned and the case is pending against them before the Inquiry Magistrate Khawaja Maqsud Pervaiz, Magistrate 1st Class, Sargodha. The petitioners have challenged the enquiry in quashment proceedings in Criminal Misc. No. 531/Q of 1971 in the Lahore High Court. A learned Single Judge of the High Court has dismissed their petition in limine, by order dated the 1st November 1971. The petitioners seek permission to file an appeal against that order.
2. The main grievance of the petitioners is that once the police has investigated the case and found that there is no case against the party, no further enquiry can be held against that party. This contention is based on section 173 of the Criminal Procedure Code. The contention is not well founded. As pointed out by the High Court, it is not the function of the police to hold the person innocent or guilty and they were not to perform the function of the Court. The enquiry against the petitioners is being held quite properly and there is no ground to interfere at this stage. The petition is dismissed.
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