It was held in Muhammad Shafi and others v. S.H.O. and others (1999 P Cr. LJ 1345) that criminal investigation should not be stifled or killed during its infancy as the same will be against the principles governing administration of justice and the same ratio was observed by a Division Bench of the Peshawar High Court in a judgment reported as The State through Advocate-General N.-W.F.P. v. Ubaidullah and another (2005 MLD 1883), wherein it was further held:-
“If Magistrates are given the powers to discharge and release an accused person at the very initial stage, there will be no room for success in blind heinous criminal case which always investigated at different theories of probabilities based on spy information. Once an accused is apprehended and found innocent, he can only be set free during investigation by obtaining discharge order from Court. Discharge of accused is also governed by section 169, Cr.P.C. which is at the conclusion of investigation and on submission of report under section 173 Cr.P.C.”
Part of Judgment
IN THE LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI.
Writ Petition-Criminal proceedings-Detention/habeas
1421-20
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