. 5–Pakistan Penal Code (XLV of 1860), Ss. 302/324/109/34–Murder—Offence of–Conviction for–Investigation conducted by Tehsildar instead of police–Challenge to–Whether cognizance by Special Court illegally taken–Question of–Sub-section (2) of Section 5 of Act clearly lays down that any default on part of officer-in-charge of Police Station, Investigating Officer or any other person required by law to perform any function in connection with investigation which results in or has effect of delaying investigation or submission of report under sub-section (1), shall be deemed to be wilful disobedience of order of Special Court and dealt with under law accordingly–In Province of Balochistan there are two fields known as ‘A’ Area and ‘B’ Area for purpose of investigation of case–In ‘A’ Area, police conducts investigation, whereas in ‘B’ Area, Tehisidar, Naib Tehsildar is person required under law to perform functions in connection with investigation–In this regard, necessary amendment has already been made in relevant provision of Code of Criminal Procedure Code by Government of Balochistan vide Notification No. SO(Judl) 4(5)/94-456-93, dated 9th January, 1997–Held: Tehsildar is very much incharge of Police Station/Leives Station for purpose of Section 5 of Act.
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