#Case_Law on Declined to interfere in direction issued by District Public Prosecutor to investigating officer for inserting offences in final investigating report

2012 PCrLJ 1823

LAHORE-HIGH-COURT-LAHORE

S. 9(5) & (7)-Criminal Procedure Code (V of 1898), 5.173---Constitution of Pakistan, Art. 199---Constitutional petition---Prosecutor, duties of---Scope---Accused was aggrieved of direction issued by District Public Prosecutor whereby he directed investigating officer to include certain offences in final investigation report, before the same could be filed in court---Validity---Mandatory exercise under S.9(5) of Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, delegated upon prosecutors to find out lacunae into report under S.173, Cr.P.C. or in investigation so that the same could be cured before submission the same to court of law for its trial---If prosecutor was prohibited to make such exercise then his job would only confine to the extent of receiving and forwarding the report which exercise would end to nothing but futility---Office of District Public Prosecutor was not only a post-office but it was a bridge between police and court to promote procedure of prosecution for better achievement of justice After making scrutiny of report under 5.173, Cr.P.C., prosecutor was to take two steps as were described in S. 9(5)(a) and (b) of .Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006---Prosecutor either had to return the report to incharge of Police Station or investigating officer, after pointing out defects/lapses with instructions to remove the same or he had to forward the same to court of law, if he found the same fit for submission before the Trial Court---Prosecutor was competent under S,9(7) of Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006, to examine nature of offence committed by accused and if he found that wrong provisions/sections were mentioned in investigation report, then he was fully competent and had lawful power to convert the report according to the offences which according to his opinion prima facie had been committed; thereafter it was the court which had to see before framing of charge that which offence was actually applicable, in the case after perusing available record before him---Object of such exercise was that matter of applicability of offences would be decided by law knowing agencies and not by police which could not provide legal opinion directly to the court---High Court declined to interfere in direction issued by District Public Prosecutor to investigating officer for inserting offences in final investigating report---Petition was dismissed in circumstances2012 PCrLJ 1823 LAHORE-HIGH-COURT-LAHORE NADEEM alias DEEMA