' SH. IJAZ NISAR, J.---Leave to appeal is sought against the order dated 6-10-1999, passed by the Lahore High Court, Lahore in Intra-Court Appeal No, 805 of 1999.
2. The relevant facts are that Arbab Yousuf. (deceased), son of Muhammad Yousuf petitioner, was alleged illegally detained by Muhammad Sibtain. S.H.O., C.I.A. Police Station, Ghulam Muhammad Abad, Faisalabad. On being approached, the said S.H.O. Demanded Rs,2,00,000 from Muhammad Yousuf for the release of his son Arbab Yousuf (deceased). The petitioner refused to accept the demand of the S.H.O., whereupon he detained him in the lock-up and subjected him to merciless beating resulting in his death.
3. Muhammad Yousuf petitioner lodged F.I.R. No,239 of 1998 at Police Station Gulberg, District Faisalabad, under sections 302 and 148/149, P.P.C. Against Muhammad Sibtain, S.H.O and others. On completion of the investigation the police was of the view that the accused were guilty of an offence under section 316, P.P.C. And not under section 302, P.P.C.
4. Feeling dissatisfied, Muhammad Yousuf, father of the deceased, approached the Inspector- General of Police, Punjab, who by order dated 25-8-1998 directed the D.I.-G. Of Police, Faisalabad Range, to submit challan of the case under section 302, P.P.C., but the police again failed to comply with it. The case was reinvestigated by the Crimes Branch, Punjab, which opined that the accused should be challaned for offence under sections 322, P.P.C. Instead of section 316 or 302, P.P.C.
5. Feeling aggrieved, Muhammad Yousuf petitioner filed Writ Petition No,2259 of 1999 in the Lahore High Court. By order dated 24-9-1999 the learned High Court directed that the challan should be submitted to the Court in the light of the order dated 25-8-1998 of I.-G. Police, Punjab and observed that there was no need of any further investigation.
6. Challenging the said order Muhammad Sibtain respondent filed an Intra-Court Appal in the High Court, which was disposed of on 6-10-1999 by a Division Bench with the following remarks:--- ..... As a result of the above concurrence of the parties, we direct the Inspector-General of Police, Punjab to guarantee and ensure that investigation of F.I.R. No,239, dated 10-5-1998 is completed as quickly as possible i,e, within a period of one and a half month from the receipt of this order and report be submitted to learned Single Judge. This course will bring an end to the agony of the parties and culprits will be dealt with according to law. In view of the above, these Intra-Court Appeals are disposed of in the above terms and impugned order is accordingly modified."
' Feeling dissatisfied, Muhammad Yousuf petitioner has approached this Court.
7. After hearing the learned counsel for the parties at length, we restore the order of the learned Single Judge to the extent that challan of the case shall be submitted to Court under section 302, P.P.C. However, we may add that since there is no legal bar on the re-investigation of the case, even after the submission of final report under section 173, Cr.P.C., the police may carry out fresh investigation and submit its report to the Court. We stand fortified in this behalf by an illuminating judgment of a Division Bench of the Lahore High Court delivered in the case of Ata Muhammad v.
Inspector-General of Police, West Pakistan, Lahore and others (PLD 1965 (W.P) Lahore 734), with regard to the competency of the police, to carry out further investigation in the same case even after submission of final report, the relevant portion whereof runs as under:-- "...There is no statutory prohibition in the Code of Criminal Procedure for the police not to embark on a fresh investigation of the case after the conclusion of the first and the submission of the final report whatever the defects in the first investigation or the flaws in the final report given in the wake of it,. That might, subsequently be detected. The first investigation may be utterly unsatisfactory for many reasons. It may be due to non-availability of the evidence or the successful induction of false evidence during the investigation or .The reason may be, as alleged in this case, namely; the corrupt behavior of the police officers concerned. To say that the same police officers or their superiors on receipt of further information or on the availability of better evidence cannot revive the investigation already done, leading to a contrary or a varied result, would virtually amount to putting a seal on human errors and fragilities once committed, whether by design or by inadvertence, with no opportunity to make amends, although it be possible to do so. The police, as an agency of the State, should be as much interested as any other agency concerned in the administration of justice, to find out the truth in respect of a crime and lay the whole facts bare for determination by the competent Tribunals as honestly and correctly as possible. The statutory functions of the police and the Courts in this respect are complementary to each other and do not overlap. The fact that the previous investigation had yielded certain results should not act as a hurdle or a deterrent for the police in reaching the truth if additional facts and additional circumstances brought to light help in its discovery. The Magistrate himself does not have the legal powers to direct a further investigation by the police after he himself has taken cognizance of the case and has himself launched an inquiry or trial; but there is no bar for the police to pursue its own investigations and submit their results to the Court to find the guilt or innocence of the accused persons before it becomes too late."
8. In view of the above, we direct the concerned Investigation Agency to complete the investigation and submit its report to the Court within a period of four weeks. The trial Court shall wait for the second report and will proceed on its receipt in accordance with law, but if it is not received within the above mentioned period, it may proceed with the trial on the basis of the first report.
9. The petition is converted into appeal, allowed and disposed of in the above terms.