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| Writ Petition High Court format about Re investigation |
In the name of ALLAH, the most beneficent, the most
merciful
Format of Writ Petition High Court about Reinvestigation
IN THE HONOURABLE
W.P.No._________/22
__________son of __________resident of __________
`Petitioner
Versus
1. RPO District
2. City Police Officer (CPO)
3. DSP CIA Rawalpindi
4. SHO P.S. Gujar Khan Distt.
5. I.O P.S. Gujar Khan Distt
Rawalpindi
6. _________son of _________R/O
_________
Respondents
WIRT PETITION
UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC
Respectfully
Sheweth:-
1. That the addresses of the
parties for the purpose of service are the same as given in the heading of the
petition.
2. That the respondent No.6
lodged an FIR No. 406 dated: 14.4.2014 Offence U/s 302/301, 365/34 PPC P.S. Gujar
Khan Distt. Rawalpindi against the petitioner and two other persons in which
the petitioner and co-accused were arrested and remained in Police custody for
physical and judicial remand and declared innocent during the course of
investigation and also released on bail.
3. That the report U/S 173
Cr.PC. has been submitted before Learned ASJ Gujar Khan and after submission of
Challan the charge was framed and the prosecution evidence was called
accordingly even evidence of one witness namely Dr. Sagheer Rehan, OM Civil Hospital Gujar Khan was also recorded
as PW-1.
4. That during the course of
trial the respondent No. 6 filed an application for re-investigation before RIB
and also filed application for Sine-die adjournment the case till the result of
re-investigation.
5. That on the application of
the respondent No.6 the case was Sine-Die adjourned on 1.12.2014 till the final
opinion of RIB.
6. That the petitioner and co
accused were summoned for the purpose of re-investigation for many time and
they used to come Rawalpindi from Gujar khan for the period of 6 months and in
the month of June 2015 again the petitioner and co accused were declared
innocent.
7. That after conclusion of
re-investigation the petitioner and co-accused filed an application for
summoning of judicial file and restoration of proceedings which was accepted on
7.9.2015 and the proceedings of the case was restored.
8. That three days ago the
petitioner and co accused were again summoned by the office of respondent No.1
and they came to know that the respondent No.6 again filed an application for
re-investigation which is illegal null void ab-initio and against the law and
facts of the case.
9. That the impugned proceeding
conducted by the respondents is illegal, unlawful, against the law and liable
to be set-aside inter alia on the following other:-
GROUNDS
A.
That the impugned proceedings are against law and facts of the case.
B.
That glare irregularities have been committed by the respondents in
summoning the petitioner and other co accused for re-investigation which is not
sustainable in the legal premised.
C.
That according to the Constitution of Islamic Republic of Pakistan, every
citizen of this country cannot deprive from his legitimate rights and
fundamental rights cannot be infringed but in the instant matter, the
fundamental rights of the petitioner and other co accused have been infringed
and they have been deprived of from his fundamental and valuable rights.
D.
That the report u/s 173 Cr.PC. has been submitted and after framing the
charge learned trial court has recorded one witness even the prosecution has
availed the remedy of re-investigation through RIB and on the application of
petitioner and other co accused the proceedings of Learned Trial Court has been
restored, hence the respondents have no right or power to again initiate the
same proceedings/ inquiry / investigation in the case.
E.
That the acts of the respondents are illegal, unlawful, improper misuse
of powers on their part, which ineffective/ inoperative upon the fundamental
rights of the petitioner.
F.
That the respondents are misusing their powers and authorities which is
against the law and constitution of Islamic
G.
That the impugned proceedings are not sustainable in the eye of law.
H.
That the respondents decided the application merely on assumptions and
presumption.
I.
That the respondents failed to appraise the material available on file in
it’s true perspective.
J.
That impugned proceedings are result of illegalities and irregularities
which result in into grave miscarriage of justice.
10.
That the petitioner has no other alternative remedy available to the
petitioner, except to invoke the constitutional jurisdiction of this Honorable
Court.
PRAYER
It is, therefore, respectfully prayed
that this writ petition may kindly be accepted and the respondents may be restrained from re-investigation/
inquiry and harassing the petitioner and other co accused in the interest of
justice
Any other relief which this Honorable Courts deems fit and proper may
also be awarded to the petitioner.
Petitioner
Through
Counsel
CERTIFICATE
Certified as per
instruction that this is the first writ petition in this Honorable Court on
subject matter.
Advocate