According to the learned counsel for the petitioner, the learned Deputy Prosecutor General vide his note dated 15.3.2008 recommended that accused be challaned and supplementary challan be submitted before the competent Court. The said recommendation was also approved by the Prosecutor General, Punjab. The controversy relates to F.I.R No, 338/05 dated 20.10.2005 at P.S. Civil Lines, Sialkot. In initial investigation, the accused were found innocent. Subsequently, the investigation was entrusted to Ghulam Muhammad Kalyar, SSP/investigation. However, Respondent No, 4 moved an application for legal opinion from DSP Legal.
2. The controversy is that whether after opinion of the Prosecutor General submission of challan could be kept pending on pretext of seeking an opinion from DSP Legal? Whether opinion of DSP Leyal was required?
3. The people forget that opinion of first investigating officer or second investigating officer does not make any accused person guilty or innocent. The job of the I.O. is to collect some material and to place it before the concerned Court which decides after giving opportunity to the parties; the fate of a criminal case. Only a competent Court can declare whether a person is guilty or innocent but not a) Investigating officer or B) yet people waste time and delay proceedings to get favourable opinion of Investigating officer. This point has been explained lucidly by a Full Bench of this Court reported in, PLD 2005 Lahore 470.
4. After enactment of Punjab Criminal Prosecution Service, 2006, every man in the legal profession, one way or other, knows that Prosecutor General is incharge of prosecution in the Province. The learned Assistant Advocate General, Punjab has rightly pointed out Section 9 of the above enactment which is also supported by the learned Deputy Prosecutor General in the above circumstances, seeking opinion from DSP legal, is either mala fide or total ignorance of law of the concerned police officer.
4. The Provincial Police Officer/IG Punjab is directed to seek explanation in this regard from Mehmood Ahmad Khan, SI, Police Station Civil Lines, Sialkot, S.H.O. Civil Lines, Sialkot and DSP Legal, Sialkot. This writ petition is allowed. The DPO Sialkot is directed to make sure that challan or supplementary challan is submitted before the competent Court in the light of the final investigation conducted by Ghulam Muhammad Kalyar, SSP/Investigation which was also approved by the Prosecutor General vide order dated 1.3.2008.