Legal Question in Criminal Law in Pakistan

Dear Sir,

I want to ask that in case of 392, I have nominated 3 persons through supplementry statement but the police has declared them innocent after investigation in initial report. Infact, police has given accused a lot of favour. My question is that the IO has nominated 6 accused in his report but fact is that I have nominated 3 accused in my supplementry statement. IO has mentioned 3 extra persons whom I even dont know who they are. IO did this just to give favour to accused and to destroy my case. My question is that either this practice by IO is legal? Can he nominate and investigate the extra persons on his own accord (whom I never nominated)? If I have very clearly mentioned just 3 names, can police go up & down or right & left of the supplementry statement given by petitioner or can police change the supplementry statement like this?


Asked on 1/25/14, 5:44 am

1 Answer from Attorneys
Gulbaz Mushtaq

IO can do it during investigation, if it is found that other people are also linked with certain crime. IO is not bound to restrict himself to the statement of a complainant. He is charged with responsibility of carrying on investigation so legally he is authorized, and even duty bound, to implicate all persons involved in a crime (whether are not they were nominated in FIR or supplementary statement of complainant)

That said, whether or not the IO did it with mala fide intentions or wrongful gains is a question of fact and can only be ascertained after looking into case file. Hope it helps you.

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Answered on 1/25/14, 11:02 am


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