Legal Question in Criminal Law in Pakistan

how can we change the investigating officer in a case. the current IO has kept me totally blind regarding my case (even I am petitioner, not accused) and he has taken money from accused and declared them innocent without having any evidence (just on the statements of accused). after so many times,I tried to give him my documents/evidences but he has not accepted any documents and said that I will collect from you later. but now I came to know that he has completed his investigation one sided by declaring that petitioner has not submitted any evidence in his favour to proof his case so accused are innocent. but the fact is that I am having all the evidences and I was waiting for the call of IO to collect these and involve them as a part of his zimnis but he did his work keeping me uniformed. I want to know that if I am not satisfied with this investigation, can we challenge this one sided IO report in court or can we request to change the IO at this stage. if yes, new IO has to start from the zero or he can include some or few parts of the previous investigation as well. further can court dismiss the case on these IO reports. the case is in intial stage (bail stage).

thanks


Asked on 11/21/13, 9:55 am

3 Answers from Attorneys
Javed Iqbal

Dear, you can file petition before justice of peace for change of I.O

you can file criminal complaint if you are not satisfied with police investigation.

court can agree with the discharge report submitted by the police. and if court agree to it case will be terminated.

the proper remedy you have by filing criminal complaint and you will be in ease by this, you will be dealing your case by your self direct in the court and no one can affect you.

For more consultation you can call me on 0333-8081297

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Answered on 11/22/13, 4:05 am
Adnan Bashir A B Choudry Law Firm

22-A application is an effective tool.

[email protected]

0333-5492377

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Answered on 11/22/13, 4:20 am
abdul jabbar

For change of investigation officer you can file an application before session judge as justice of peace under section 22 -A criminal procedure code.Application if allowed new investigation officer will be competent to investigate the case as he likes and he may consider the fresh as well as the new evidence.

For your other question court may agree with report of i.o and cancel the case or it may disagree and summon accused for trial.

Ofcourse you have also the option to file private complaint before magistrate.

for any further help you can call at 03348407311 or email at [email protected]

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Answered on 11/22/13, 8:25 am


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