MUHAMMAD RAFIQUE versus SENIOR SPECIAL JUDGE, ANTI-CORRUPTION, LAHORE
Sections 156 and 173 of the Criminal Procedure (XLV of 1860), Section 409 of the Prevention of Corruption Act (II of 1947), Section 5 (2) of criminal trust violations by a public servant, investigation of a case of criminal misconduct. The officer is executing the suspect. And the preparation of the discharge report disagrees with the trial court's order and orders a re-investigation of the case under section 7373 and a fresh report, CRP's case against the accused. That although the trial court may not agree / disagree with the report under section 737373. Especially when the discharge report was prepared, however, he could not order a re-investigation because it was only the authenticity of the investigating agency / officer. Once the report came under Section 173, the CRPC was prepared in connection with the removal of the accused, the authority to examine the material collected by the police and the facts based on the facts of the record. , And if the court was satisfied that the investigating officer's finding was not based on sound reasoning, he could not agree, thus allowing the trial to begin, although no such clause exists in the CCP. That could give the trial court the power to direct a re-investigation. The step under consideration of the report under section 737373 was the special progression of the investigating officer in the CCP case, and if new facts come on the record, he may seek permission from the court to investigate again. Decision order dismissed. Facts floating on the record, along with material submitted by the investigating officer during the investigation
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