MUHAMMAD IRSHAD vs SESSIONS JUDGE. OKARA and 2 others
This matter originated as a petition for leave to appeal against a Lahore High Court judgment, which had dismissed a constitutional petition challenging an order passed by a Sessions Judge (ex officio Justice of Peace). The petitioner faced criminal charges under the Pakistan Penal Code. The complainant had filed an application under Section 22-A(6) of the Code of Criminal Procedure 1898, alleging that the police officer conducting the investigation was biased and favoring the accused. Consequently, the Sessions Judge ordered the police officer to stop the investigation and submit the entire record to the court. The petitioner contended that while the Sessions Judge possessed the authority to transfer an investigation, they lacked the legal power to permanently halt an investigation and demand the record. The Supreme Court declined to grant leave to appeal. The Court held that given the subsequent development—specifically that the police challan had already been submitted to the trial court—it was more appropriate for the trial to proceed rather than re-opening the investigation. The Court emphasized that the accused could present their evidence during the trial proceedings.
- Does a Sessions Judge, acting as an ex officio Justice of Peace, have the authority to permanently stop an ongoing police investigation?
- Is it appropriate for a court to interfere with an investigation after the police challan has already been submitted to the trial court?
- Can an accused person present evidence intended for the Investigating Officer directly before the trial court?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 22-A(6), Code of Criminal Procedure 1898
- Article 185, Constitution of Pakistan 1973
' MUNIR A. SHEIKH, J.---The petitioner seeks leave to appeal against the judgment, dated 20-1-2003 of the Lahore High Court, Lahore, through which Constitutional petition filed by him against the order, dated 3-12-2002 of the learned Sessions Judge (ex officio justice of peace) has been dismissed.
2. A case was registered against the petitioner under sections 337-A(i)/337-L-(2)134, P.P.C. On the complaint of one Munawar Hussain at Police Station, Saddar Renala Khurd, Okara, investigation was conducted by an Assistant Sub-Inspector of Police, Renala Khurd which was subsequently transferred and entrusted to a D.S.P. The complainant of the said case made an application under section 22-A(6), Cr.P.C. Added through Amending Ordinance No,131 of 2002 w.e.f, 21-1-2002 that the Police Officer to whom investigation had been transferred, was trying to save the neck of the accused persons by showing them favour by making favourable reports.
3. The learned Sessions Judge (ex officio justice of peace) afterwas entrusted, should stop the same and send the entire record before the issuance of notice made an order that the D.S.P. To whom investigation Court.We have been informed by the learned counsel for the respondents that challan has also been submitted to the Court and thereafter 2 or 3 adjournments have also taken place. Learned counsel of the petitioner submitted that order, dated 3-12-2002 passed by the learned Sessions Judge (ex officio justice of peace) is not permissible under the law, for the said Court could transfer investigation from the one Police Officer to another but could not direct stoppage of the same permanently and submission of the record of the case to his Court.
4. In our discretion under Article 185 of the Constitution, we are not inclined in the facts and circumstances of this case to exercise discretion to grant leave to examine this question, for according to the subsequent developments, challan has also been submitted to the Court and instead of embarking upon further re-investigation of the case, it was appropriate that the case is tried by the Court and final judgment pronounced. Whatever evidence the accused persons want to produce before the Investigating Officer. They may produce before the Court.
5. For the foregoing reasons, this petition is dismissed and leave refused.