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Writ Petition No. 1811 of 1986, decided on 28th April, 1986.
---Art. 199--Criminal Procedure Code (V of 1898), S.154--Whether direction to challan accused under particular provisions of law can be issued under writ jurisdiction--Constitutional jurisdiction, held, could not be exercised to supervise investigation and High Court was not supposed to direct Investigating Officer to conduct investigation in particular manner or to book accused under specific offence--Trial Court however, has jurisdiction at time of trial to determine that accused had committed a different offence than the one for which he was booked.
Shah Ahmad Khan Baloch for Petitioner.
The petitioner previously filed Writ Petition No. 1141 of 1986 before this Court against the S.H.O, Police Station Factory Area, Faisalabad and others. In that constitutional petition report and parawise comments from the aforementioned S.H.O. were called and it was further directed that in the meantime the said S.H.O. was not precluded to proceed in the matter in accordance with law 'thereafter, the petitioner submitted an application to the S.S.P. Faisalabad, accompanied by a copy of the order passed by this Court on 15--3-1986. The S.S.P. thus directed the registration of a case. The case is now being investigated into by the respondent No.3.
2. Through the present constitutional petition the petitioner seeks a direction against respondent Nos. 1 and 3 to the effect that they might be directed to amend the offence to sections 148,449,458,149 P.P.C. read with section 17 of the Offence Against Property (Enforcement of Hudood) Ordinance, 1979, instead of section 448 P.P.C. and section 14 of the Offence against Property (Enforcement of Hudood) Ordinance, 1979, and that they should proceed against the accused under the amended provisions of law.
3. Under section 154, Cr.P.C if it is bought to the notice of an officer in charge of the police station that a cognizable offence has been committed, he is under obligation to register a case and to investigate into the same in accordance with law. This Court in exercise of its writ jurisdiction cannot supervise over the investigation and is not supposed to direct the Investigating officer to conduct the investigation in a particular manner or to book the accused under a specific offence than the one of which the accused is found guilty as a result of investigation conducted by the Investigating Officer: The trial Court, of course, at the time of trial has the jurisdiction to come to the conclusion that the accused has committed a different offence than the one for which he has been booked.
4. For the foregoing reasons, there is no merit in the under consideration writ petition which is dismissed in limine.
S.A Petition dismissed.
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