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Petitioner: MUHAMMAD NAWAZ VS Respondent: STATE
1987 P Cr
1987 P Cr. L J 464
[Lahore]
Before Mazhar-ul-Haq, J
MUHAMMAD NAWAZ--Petitioner
versus
THE STATE--Respondent
Criminal Revision No. 248 of 1986, decided on 27th September, 1986.
Criminal Procedure Code (V of 1898)--
---Ss. 202 &439--Irregularity in procedure--Whether curable--Additional Sessions Judge referring complaint to Deputy Superintendent of Police for inquiry without recording statement of complainant--Additional Sessions Judge, held, should have conducted inquiry himself or sent it to local Magistrate--- Irregularity in procedure being curable complaint was recalled from Deputy Superintendent of Police for proceedings according to law.
Muhammad Zaman Bhatti for Petitioner. Zahid Mehmood for the State.
ORDER
Muhammad Nawaz, petitioner, has come up in revision against the order, dated 20-4-1986 of the Additional Sessions Judge, Faisalabad, directing the D.S.P., Sumandri, to hold an enquiry in the complaint filed by the petitioner.
2. Petitioner's main grievance is that without recording complainant's statement, the complaint could not be referred for an enquiry to the D.S.P. It was next contended that earlier during investigation of the same case, police found the accused innocent, therefore, in propriety the complaint should not have been sent to the same investigating agency.
3. Learned State counsel contended that it was an irregularity inl not recording the statement of the complainant first which was curable. I have considered the submissions and am of the view that in propriety the Additional Sessions Judge should have either held the enquiry himself or sent it to a local Magistrate. In this view of the matter, I direct that the complaint to be recalled from the D . S . P. and the learned Additional Sessions Judge should proceed accordingly.
S.A. Complaint recalled.