2013 PLP 2608 (YLR)

SYED MUHAMMAD FAROOQ SHAH, J.--Impugned order dated 22-6-2012, passed by learned Vth Judicial Magistrate, Karachi-Central on police report under section 173, Cr.P.C. assailed in this Criminal Miscellaneous Application by the applicant, mainly on the ground that his son namely Umair alongwith his friends looted his father (applicant) and his mother on 9-5-2012 and again repeated the same offence on 18-5-2012 and on 24-5-2012, he got executed the signature of applicant on cheque of Rs.14,95,000 and on stamp paper as well. The concerned S.H.O. did not initiate action and on intervention of Ex-Officio Justice of Peace/F.I.R. No.260 of 2012 was registered on 2-6-2012 at Police Station Shahra-e-Noor Jehan, Karachi. Firstly, investigation was entrusted to S.I. Jaffar and subsequently same was transferred to respondent No. 7 SIP Imtiaz of same Police Station and on 3-6-2012 the culprit again came who were arrested but police did not took any action hence the applicant made complaints to the higher authorities of police and also appeared before the Deputy Inspector-General of Police, West Zone, Karachi for transfer of investigation, which was transferred to respondent No.4, who entrusted the same to respondent No. 7.

2. According to applicant the transfer of investigation was not fair particularly respondents Nos. 5 to 7 registered counter-blast cases by dragging the name of applicant and his all family Members in F.I.Rs. Nos.267/2012, 278/2012, 294/2012 and 295/2012 before the same Police Station and thereafter respondents Nos.6 and 7 arrested both the sons of applicant in above said crimes and conducted investigation/interrogation.

3. The averments of the application in hand show that son of applicant namely Umair had confessed before the learned Judicial Magistrate but his statement was not recorded under section 164, Cr.P.C. at the time of remand. On 22-6-2012 the learned Judicial Magistrate approved the report in B-Class and challan submitted under section 173, Cr.P.C. In grounds of the application in hand the applicant has agitated illegalities committed by learned Judicial Magistrate and lastly it has been prayed as follows: (a) To set aside the above said impugned order dated 22-6-2012, in the larger interest of justice and further to make orders for reinvestigation of the matter through JIT by deputing honest, impartial, and sincere Investigating Police Officers. (b) To direct the respondents Nos. 2 and 3 to take strict and stern legal action against the respondents Nos. 5 to 8 against their negligence, misconduct and an unlawful act. (c) To direct the respondent No. 3 to constitute a JIT or a team of investigation to Re-investigate the all matters pertaining to the all F.I.Rs. registered against the applicant in impartial fair and transparent manner. Registered in Karachi other district.

4. I have heard the learned counsel for the applicant, learned Additional Prosecutor-General and perused the material available on the record including the police papers, which speaks volumes about the mala fide and ulterior motives and conduct of applicant and his son can easily be read in between the lines of investigation proceedings.

5. In his order dated 22-6-2012 passed on report under section 173, Cr.P.C., learned Judicial Magistrate Karachi-Central being agreed with the opinion of Investigating Officer approved final report as 'B' Class on the ground that complainant had malafidely registered the F.I.R. It is correct that a detailed, comprehensive and speaking order has not been passed by learned Judicial Magistrate as it was not passed on judicial side but on administrative side.

6. From perusal of police papers it appears that the applicant in connivance with his son Umair (accused), by playing fraud, malafidely with ulterior motive usurped millions after issuing cheques, which were bounced and in this regard police has recorded statement of aggrieved persons namely Abdul Raheem son of Sardar Ali, Waseem Ahmed Paracha son of Mansoor Ahmed Paracha, Shariq Iqbal son of Iqbal Hassan, Nasir Mehmood son of Sardar Khan, Sajid Iqbal son of Iqbal Hassan, Naveed Butt son of Akhlaq Butt, Muhammad Asim son of Muhammad Aashir and their complaints for registration of F.I.R. against the applicant and his son Umair having received by the Police and taken on the record. All these named private persons have leveled allegations of cheating against the applicant and his son. Some of F.I.Rs. against the applicant and his sons have also been lodged.

7. The contention of learned counsel for the applicant that applicant declared his son Muhammad Umair "AAK" and biased investigation conducted by the police, has seriously been rebutted by the learned Additional Prosecutor-General, who contended that police has collected sufficient evidence showing that the applicant and his sons were already involved in number of cases, in which they have issued cheques, which were bounced. Hence, with ulterior motive the applicant implicated his son Umair in this case.

8. By not delivering a detailed or speaking order, does not mean that the order passed by learned Judicial Magistrate is illegal or suffers from any irregularity, particularly the investigation under section 156 Cr.P.C. is a statutory right to investigate the circumstances of alleged crime, whatever the report is made to the police disclosing the commission of cognizable offence. For the sake of convenience section 156(2), Cr.P.C. is reproduced as under:

156. Investigation into cognizable case. (1) .. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

9. Under the law, it is not the duty of investigating agency to investigate the crime in such a manner to connect the accused person with the offence but it is also the duty of the police officer/ investigating agency to bring the truth on the surface to save the innocent persons from the agony of endless investigation and trial. The material available reveals that counter version and all possible efforts have been exhausted in accordance with law to investigate the case under Criminal Procedure Code for the collection of evidence from both sides by police officer who was authorized in this behalf.

10. Undoubtedly, the High Court has power to intervene in a matter in which no legal remedy is provided to redress grievance of an aggrieved party/person OR the remedy available under the law have been exhausted but there is nothing on the record that concerned police authorities under relevant laws fails to perform their statutory functions exclusively falls within their domain including to bring the truth on the surface to save the innocent person from the trouble of interrogation/ investigation. Suffice to say that sufficient evidence has been collected by the Investigating Officer that in connivance with his son the applicant intended to usurp the money of innocent people, tactfully. I am in complete agreement with learned Additional Prosecutor-General that, if at all, the applicant was aggrieved and dissatisfied with the investigation of police/ culminated by administrative order dated 22-6-2012, then he may have to seek redress of his grievance as prescribed under the law but the petition in shape of Criminal Miscellaneous Application is not tenable in law. Having no merits for consideration, this Criminal Miscellaneous Application is dismissed. MWA/Q-5/K Application dismissed.