Cr.P.C. is section 173 which commands expeditious conclusion of the investigations and further ordains that on conclusion of every investigation, the concerned S.H.O.

7. In “Muhammad Nasir Cheema Vs. Mazhar Javaid and others” (PLD 2007 SC 31) the august Apex Court observed on the issue in question in the following manner:-

 “6. The only provision relating to the subject which is available in the Code of Criminal Procedure is section 173 which commands expeditious conclusion of the investigations and further ordains that on conclusion of every investigation, the concerned S.H.O. shall submit a report of the result thereof in the prescribed manner to the Magistrate competent to take cognizance under section 190, Cr.P.C. No power vests with any Court including a High Court to override the said legal command and to direct the S.H.O. either not to submit the said report (mentioned as challan in the Police Rules and also in the impugned order) or to submit the said report in a particular manner i.e. against only such persons as the Court desires or only with respect to such offences as the Court wishes.”

 Part of judgment 

IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT)

Atif Muhammad Khan VS The State
Writ Petition-2650-2015 | 2020 CLC 0
Honourable Mr. Justice Aamer Farooq

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