2005 PLP 1600 (MLD)

Through this writ petition the petitioner has prayed that order dated 17-5-2005 passed by respondent No.1 District Police Officer, Lodhran for the transfer of investigation of case F.I.R. No.155 of 2005 dated 14-5-2005 registered under section 337-A(ii)/365/34 P.P.C. at Police Station Saddar, Dunyapur District, Lodhran be set aside and declared to the illegal and without jurisdiction.

2. Briefly the facts of the case are that on 11-5-2005 at about 12-30 a.m. the complainant along with Allah Bukhsh Naib Qasid TMA Dunyapur was going on motorcycle from Dunyapur to Kot Misri for recovery of professional tax having a note book. Licence book, demand collection register and other necessary documents and also the received amount of tax Rs.450. When he reached near the land of Raja Faiz Ali Khan situated at Chak No.353/WB, all of a sudden Muhammad Mumtaz, Bashir Ahmed, Muhammad Shamoon and Haji Muhammad Ashraf armed with rotas hidden in the sunflower crop came before the motorcycle of petitioner. Mumtaz accused raised lalkara that Akram should be taught a lesson for quarrelling at Mela. Mumtaz accused caused Sota blow on the head of petitioner, Bashir Ahmad caused Sota blow on the head of petitioner and he fell on the ground. Then all the accused persons caused sota blows to petitioner and Allah Bakhsh. On hue and cry P.Ws. came there and accused party also abducted the petitioner and Allah Bakhsh, confined them in a room and gave beatings.

3. Learned counsel for the petitioner submits that the first investigation was conducted by Khalid Mehmood S.-I. Police Station Saddar, Dunyapur who visited the place of occurrence and recorded statements of P.Ws. Thereafter one of the accused Muhammad Shamoon submitted an application before the D.P.O., Lodhran respondent No.1 praying therein that impartial enquiry be ordered whereupon respondent No.1 D.P.O. vide his order dated 17-5-2005 directed the respondent No.2/D.S.P. to conclude the case on facts and submit report. Thereafter respondent No.2-D.S.P. obtained the file of case from S.H.O. Police Station Sadar, Dunyapur and without hearing the petitioner investigated the case on 24-5-2005 and declared the accused Muhammad Shamoon as innocent. That the respondent No.1-D.P.O. was not competent to interfere in the investigation and he could not change the investigation under Articles 18(5) and 18(6) of Police Order, 2002. That respondent No. 1 has transferred the 'investigation due to the political influence of respondent No.4 and investigation conducted by respondent No.2 is based on mala fide and without lawful authority. He has relied on "Aziz Ahmad v. Provincial Police Officer Punjab, Lahore and others" (PLD 2005 Lahore, 185) and "Ikram ul Haq v. inspector-General of Police, Punjab, Lahore and others" (2005 (PCr.LJ 754).

4. On the other hand learned A.A.-G., assisted by learned counsel appearing on behalf of the respondents Nos.4 to 7/accused submits that the accused have falsely been implicated in the case. That the investigation of case was properly changed and they joined the investigation which was conducted fairly, honestly and in accordance with law and respondent No.4 Muhammad Shamoon was declared innocent during the course of investigation.

5. I have heard learned counsel for the parties and perused the record. Petitioner Muhammad Akram is complainant of the F.I.R. whereas respondents Nos.4 to 7 are the accused persons. Case was investigated by DSP Dunyapur on the direction of D.P.O., Lodhran, who declared the respondent No.4 Muhammad Shamoon innocent after thorough investigation. It has been held in "Muhammad Yaqub v. Zahir Alam and others" (PLD 1976 Quetta, 77) that power of judicial review available to this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 does not extend to investigate into question of fact or appraisal of evidence touching issues falling within authority of administrative Tribunal or executive functionaries. Factual controversy cannot be resolved through Constitutional petition "Khadim Hussain v. Assistant Collector" (PLD 1977 Lahore 194) and "Muhammad Ashfaq v. Martial Law Administrator" (PLD 1979 Karachi 465).

6. Even otherwise the petitioner has got an adequate remedy available, in presence of which no interference is called for. In the circumstances the instant writ petition being without any substance stands dismissed. H.B.T./M-116/L Petition dismissed.