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Writ Petition No. 1598 of 1980, decided on 8th March, 1980.
‑‑- Art. 199 read with Criminal Procedure Code (V of 1898), S. 156 Closing of investigation‑Writ jurisdiction‑Case against petitioner registered under S. 307/34, P. P. C. still under investigation and taken no shape to submit challan before Court for trial‑Police having full powers to investigate a case to find material for its progress, High Court; in exercise of writ jurisdiction, held, has no powers to close investigation, in circumstances.‑[Investigation].
Kamal‑ud‑bin Mirza for Petitioner.
Karamat Nazir Bhandari, A. A.‑G. for the State
Date of hearing : 8th March, 1980.
In this case the petitioner has alleged that a ease under section 307/34, P, P. C. was registered at Police Station Kamoke against her and two others but it was a counter‑blast to the case registered under section 500/506, P. P. C. on 28th March, 1979 at the instance of the petitioner. Though no serious step was taken for investigation of this case yet the case itself was false. The petitioner, who called on the D. I.‑G. Police Gujranwala was assured that the case would be cancelled, but no order appears to have been passed by the D. I:‑G. on the file of this case. Learned counsel for the petitioner contends that since no step was taken in the completion of the investigation and on complaint by the petitioner she was assured of the cancellation of case the police has no authority to investigate the case further. In the circumstances explained by the petitioner no legal cover is available to protect the situation of the kind explained by the petitioner. Still the case is under investigation and it is not even closed. The police has got the power to further investigate the case if some material has become available for progress of the case. Since the investigation has taken no shape and the case is not filed in the Court where it should have been decided at trial it is too early to close the investigation of the case with which no interference can be made in the exercise of writ jurisdiction. This petition is premature and is disposed of accordingly.
Petition dismissed.
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