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GHULAM HAIDER versus FARKHANDA IQBAL


Section 516 Constitution of Pakistan, Article 199 Constitutional Appeal Superintendent of Vehicle Complainant (petitioner) filed an FIR against the accused for breach of trust in connection with the tractor, and during the investigation said the tractor was recovered, the accused. The offender was found and the tractor was handed over to the complainant. The accused was not arrested for the crime and the complainant filed a constitutional petition, after which a senior police officer was instructed to investigate and investigate the matter and against which police officer was found guilty. Take action. The senior police officer (defendant) found that the investigating officer in this case had worked beyond his jurisdiction and directed the complainant to retrieve the tractor and present it to him. The tractor's custody was handed over to the complainant on Supddri's order by a Magistrate's Supddari order which was neither set aside by the court nor was it canceled for any other reason under Supddri's Prima facie order. The complainant was seized by the complainant and still in the presence of such order, the senior police officer did not have the authority to direct the investigating officer to retrieve the tractor. The impugned order of the senior police officer was declared illegal and without legal authority to the extent of retrieval of the tractor from the complainant for his preparation before the complainant, the Ampean order examines the facts and The High Court is within its constitutional jurisdiction, could not determine the facts or consequently the constitutional petition

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