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NLR 2010 Criminal 97

MALIK MUHAMMAD KHAN vs INSPECTOR GENERAL OF POLICE PUNJAB, ETC.

CitationNLR 2010 Criminal 97
CourtLahore High Court
Case No.W.P. No, 418 of 2009
Date2009-04-06
Judge(s)Ch. Mahmood Akhtar Khan
ResultImpugned Order Set Aside

ORDER

CH. MAHMOOD AKHTAR KHAN, J.---Case was registered vide FIR No, 356, dated 26.7.2008 for offence under section 489-F, PPC against respondent No,

6. He obtained pre-arrest bail from the Court of learned Addl. Sessions Judge, Rawalpindi and was on the same position when respondent No, 3 issued impugned order dated 19.11.2008 that not to arrest respondent No,

6. Till the report of Hand- writing Expert:

2. In the light of contention raised by learned counsel record has been perused with the assistance of learned AAG. It transpired that respondent No, 3 issued impugned order dated 19.11.2000 for suspension of arrest of the accused/respondent No, 6 without having lawful authority. As the investigation of the case never been entrusted to him by the Additional. Inspector General of Police under Article 18(6) of Punjab Police Order, 2002. Learned AAG also supported the contention raised by learned counsel for the petitioner.

3. In view of above situation, this writ petition is accepted. The impugned order dated 19.11.2008 passed by respondent No, 3 is hereby set aside and the Investigating Officer is directed 'to investigate the case purely on merit.

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