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Criminal Revision No. 39 of 1982/BWP, heard on 2nd November, 1982.
-----S.439-Revision (criminal)-Sessions Judge closing prosecution case without examining Investigating Officer on ground that Police was careless and adapting dilatory attitude in effecting service of such Police Officer-No coercive measures taken by trial Judge to cause appearance of Investigating Officer-Closure of case, held, not proper and trial Judge committed material irregularity, in circumstance-Revision allowed and trial Court directed to proceed in accordance with law.-[Witness.
Nazir Ahmad Bhatti for Petitioner.
Atta Muhammad Baloch for Respondents.
Date of hearing : 2nd November, 1982.
This revision petition has been directed against the judgment dated 24-6-1982 pronounced by Rao Iqbal Ahmad Khan, the learned Sessions Judge, Bahawalnagar who closed the prosecution case, as according to him the police was careless and had adopted a dilatory attitude in effecting the service of the Investigating Officer who has retired from service.
2. A cursory glance of the impugned order shows that no coercive measures were taken for procuring the appearance of Abdul Majeed, the investigating officer. The investigating officer was summoned about eleven times and it was reported that he had gone away and was not available. In my view coercive measures should have been taken to cause the appearance of the investigating officer by the learned Sessions Judge and the order regarding the closure of evidence is nut proper. The learned Sessions Judge, Bahawalnagar has committed material irregularity in the pronouncement of the impugned order. I, therefore, accept this revision petition and quash the impugned order of the learned Sessions Judge, Bahawalnagar, dated 24-6-1982. The learned Sessions Judge is directed to effect the service of the investigating officer by resorting to coercive measures and after recording his statement should proceed further.
Revision allowed
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