Through this petition the petitioner has called in question the legality and validity of order dated 30.03.2012 of Assistant District Public Prosecutor, Khanewal whereby he issued direction to the I.O. for inserting Section 392, PPC.
2. Learned counsel for the petitioner submits that after registration of the case, thorough investigation was conducted by the I.O. and Section 392, PPC was deleted and Section 341/34, PPC was inserted. He further submits that the petitioner remained on physical remand but no incriminating material was available against the petitioner, so the I.O. had rightly deleted Section 392, PPC. Learned counsel contends that order dated 30.03.2012 of Assistant District Public Prosecutor whereby he directed the I.O. to add Section 392, PPC is against the facts of the case and the same is against the law which is liable to be set aside.
3. Learned AAG while supporting the impugned order submits that under Section 9 sub-section (7) of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act:, 2006, a prosecutor is competent to pass an order in writing as per available evidence and applicability of offences against all or any of the accused as per facts and circumstances of the case. He relied upon 2009 Lahore 135.
4. I have heard the arguments of learned counsel for the petitioner as learned AAG and perused the available record with their able assistance.
5. Admittedly, after registration of the case, the investigation was conducted by the I.O. and during investigation I.O. has deleted Section 392, PPC and added Section 341/34, PPC as the petitioner remained on physical remand but nothing incriminating was recovered from him. The question of addition of Section 392, PPC or deletion of Section of 341 or 341/34, PPC will be seen by the learned trial Court at the time of framing of charge. The order passed by the Assistant District Public Prosecutor is without substance and the same is hereby set aside. Resultantly, this petition is allowed. However, the learned trial Court shall look into the matter regarding the offence committed by the petitioner at the time of framing of charge.