LAHORE: The Lahore High Court has held that no further investigation can be conducted in a case by the investigating agency once a cancellation report of the case is prepared and approved by a magistrate.
The court disposed of a bail petition of one Sarfraz and observed that since no criminal case exists against the petitioner, therefore, the present petition for pre-arrest bail is not maintainable.
The court observed that illegalities committed by the investigating agency not only undermined the sanctity of due process but also led to a complete miscarriage of justice, culminating in the unlawful detention of a citizen.
The court said the acceptance of the cancellation report brings the case to its logical conclusion, leaving no lawful room for the investigating agency to further investigate the case until the decision of the magistrate is set aside.
The court also ordered that as soon as the cancellation report is prepared by the investigating agency, this fact must be promptly entered into the relevant police register. The investigating officer should likewise record this development in the case file, duly noting it in the police diary, the court added.
The court said if no criminal case remains legally in the field, then any purported transfer of investigation is nothing more than a legal mirage.
The court said that the investigation must revert to the original or previous officer after a certain stage is misconceived and contrary to the very essence of such a transfer. Once an investigation is transferred, it shall be conducted exclusively by the entrusted officer and cannot revert to the previous investigating officer/officers, the court added.
Before ordering the transfer of investigation, the relevant board must meticulously examine the entire record to ascertain whether the criminal case remains legally in existence and has not been cancelled or quashed, the court added.
The court said that the magistrates handling remand or pre-trial matters must exercise strict vigilance and closely examine the record, lest their orders inadvertently legitimize an illegality.
The court directed the office to send a copy of this order to the Central Police Office, Punjab, to ensure that such egregious illegalities are not repeated in the future by the investigating agency.
Copyright Business Recorder, 2025
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