Case of 409 ipc prosecution sanction
nirmalsingh
(Querist) 10 July 2016
This query is : Resolved
In a case u/s 409,166,418,201 IPC the entire Judicial record was submitted for prosecution sanction on 1st July 2014,but the case file along with challan papers(judicial record) was never put before the competent authority and it was kept pending with crime wing for a long time.on dated 06/01/2015 the accused while using his powerful influence submitted an application to the ADGP/crime and sought fresh investigation AT THE STAGE OF PROSECUTION SANCTION. on dated 14/5/2105 an SIT was constituted under an SP level office who is junior to ADGP who conducted investigation and submitted it for prosecution sanction to investigate the case afresh, kate SIT was withdrawn and another SIT was constituted for fresh investigation on 27/5/2015.when no investigation was carried out by the new SIT then on dated 21/09/2015 the investigation was entrusted to another SP level officer. who sought my para-wise reply to the application of accused. I submitted the reply with a request that you have to seek prior permission from the high court. I attached number of Landmark judgement of High court and Supreme court and even supreme court of Pakistan that you can not conduct re- investigation rather further investigation. I also submitted that the time limit for prosecution sanction lapsed after a period of Three months and direct me to submit challan in the court, but on 1/4/2015 they ordered the concerned SSP to submit cancellation report on the basis of inquiry report base on 4/5 witnesses of this case who endorsed their earlier statement recorded by me u/s 161 Cr.pc not Re-investigation report now the cancellation report is in the court the court has not yet taken the cognizance may be not put it before the court by the Naib Court. what is my locus- standi to file writ in the High court besides the complainant, they may harass me because the accused is a influenced person and a Blue eyed boy o the senior police officer.please suggest.
Devajyoti Barman
(Expert) 10 July 2016
If SIT is investigating the offence then I am not sure what is your role now?
nirmalsingh
(Querist) 10 July 2016
at the stage of prosecution sanction can SIT headed by S.P rank officer junior to ADGP rank re-investigation can be ordered when there is no provision of re-investigation ? even No investigation has been conducted rather inquiry just to protect the accused.
