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ZAFARUL HAQ KHAN versus MUHAMMAD AMIN


Sections 154 and 173 (3) of Police Rules, 1934, Volume III, R477 Constitution of Pakistan (1973), Article 199 Constitution Petition Re-investigation of FIR, Investigation Officer on Cancellation of FIR filed against applicant The report was canceled by the magistrate. As a result, the applicant was dismissed from the case. After that, the complainant filed a petition with the police officer to re-investigate the case, after the court failed to order a separate FIR. Investigated the case and arrested him. The petitioner, on behalf of the applicant, had submitted that the re-inspection was illegal. If the FIR can be re-examined under the order of the Superintendent of Police, such a high-ranking police officer will serve as an appeal forum on the magistrate's order. Such an order of a superior police officer is like setting aside a magistrate's order and cannot be done, though it is beyond the power of a police officer to determine how high a Magistrate can be or even a judicial forum. The judiciary or the administration can be separated, not the police / officers indirectly or indirectly if such order of the superior police was imposed on the officer, then the investigating officer will resume investigation of the matter or otherwise on the orders of his superiors. Was unable to do even if no particular task could be done directly, then this indirect police Could not be trapped was unable to allow a re-investigation of the case when the FIR was canceled under magistrate's orders, the investigation by the investigating officer in the canceled FIR was invalid To use

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