8. However, in “Muhammad Ismail Tariq Vs. The State and 3 others” (2005 P Cr. L J 1187), the Hon’ble Lahore High Court observed as follows:-
“2. There is no doubt that opinion of Investigation Officer or the police is not binding on the Court, the Court decides on the basis of evidence produced before him. However, the opinion of a Police Officer/Investigation Officer has its value and importance particularly, when it is supported by sufficient and unbiased material. The Police Officer/Investigation Officer forms opinion after visiting place of occurrence. He inspects scene of occurrence immediately after the occurrence and records statements of those persons who saw the occurrence. He gets opportunity to examine other circumstantial evidence. He also gets opportunity to effect recoveries, etc. Therefore, if a police officer/Investigating Officer performs his functions honestly and efficiently, he forms his opinion on basis of material which is not available to any other person. Therefore, despite the fact that his opinion A is not binding still it has a lot of relevancy and becomes a basis for important decision. Similarly, when a police officer/Investigating Officer recommends cancellation of an F.I.R., he reaches to this conclusion after a thorough/complete investigation. In the absence of any mala fide, bias, etc., the cancellation report should be given a due consideration. It should only be rejected when there are reasons to believe that the cancellation report has been prepared under any extraneous influence or on the basis of bias, prejudice, etc. For further guidance, Altaf Hussain v. State PLD 2002 Lah. 216, may be referred.”
Part of judgment
IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT)
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