2009 PCrLJ 1043 

LAHORE-HIGH-COURT-LAHORE 

TANVEER HUSSAIN QURESHI CASE

The function of Public Prosecutor was only to pinpoint the defects in the investigation as well as in the report and to direct the Investigating Agency to remove the same---Trial Court

Ss. 365/382/342/148/149---Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006), Ss.9 & 10--- Validity---Sections 9 and 10 of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, did not authorize the Public Prosecutor to direct for submission of report/challan under S.173, Cr.P.C. against the accused for their trial or to recommend Departmental inquiry or registration of criminal case against the Food Inspector--Public Prosecutor had no authority to assume and abdicate the function, authority and jurisdiction of Trial Court and he had travelled beyond his jurisdiction and committed a grave illegality by issuing the aforesaid directions to S.H.O.---Function of Public Prosecutor was only to pin point the defects in investigation as well as in the report and to direct the Investigating Agency to remove the same---Trial Court, however, while passing orders even on the cancellation report could issue necessary direction to the Investigating Officer after examining and perusing the available material to submit challan against the accused---Public Prosecutor had no jurisdiction to direct the S.H.O. for doing the same---Impugned direction was set aside and the constitutional petition was ,accepted accordingly.