1991 P Cr (PLP)

Writ Petition No.6188 of 1990, decided on 6th March, 1991.

Art. 199

Quashing of case

Three investigations were held in the case

Two Investigating Officers agreed with each other while the third differed

Inspector-General of Police agreed with the result of two investigations but after nine days changed his mind and sent a telex saying that opinion of the first Investigating Officer be considered final

Changing of opinion by the Inspector-General of Police without any further investigation had little justification

Inspector-General of Police was directed to hear the parties regarding their grievance and decide the matter afresh according to law. Abdul Rashid Qureshi, Muhammad Rafique Chauhan and Ch. Muhammad Bakhsh for Petitioner. Rana Muhammad Arshad Khan, Addl. A.-G. for the State. Learned counsel for the petitioner contends forcefully that the investigation of the case F.I.R. No.229 dated 15-6-1989, Annexure A was firstly conducted by Mr. Ghulam Muhammad Kalyar, Deputy Superintendent of Police Headquarters, Sialkot, who on the basis of the evidence recorded by him carne to the conclusion that seven accused were innocent and Was' Abbas accused was guilty. On the application of the petitioner, Inspector-General Punjab Police, Lahore directed the reinvestigation of the case. Second investigation of the case was entrusted to Mr. Muhammad Hussain, Deputy Superintendent of Police Crimes Branch, Lahore. The Deputy Superintendent of Police Crimes Branch after recording evidence found that seven accused were guilty and that one accused namely Shamas Din alias Shamma was innocent. For the third time Mr. Muhammad Sarwar Warraich Deputy Superintendent of Police Crimes Branch, Lahore investigated the case and he concurred with the result of the investigation carried out by Mr. Muhammad Hussain, D.S.P. The case was considered by the Inspector-General Punjab Police, who agreed with the findings given by the last two Investigators. His conclusion was incorporated in the Police record vide Zimni dated 17-6-1990 by the investigating Officer. A telex message was sent just after nine days on 25-6-1990 saying that the opinion of the first Investigating Officer (Mr. Ghulam Muhammad Kalyar) should be considered final. The grievance of the learned counsel is that there was no justification available with the I.G., Punjab Police to change his mind abruptly as the case was not re-investigated. It had been brought to my notice by Mr. Maqbool Elahi Malik on 4-3-1991 that challan in the case has been submitted for trial of the: accused. He was also of the view that the opinion given by the Investigating Officers in the case cannot under law bind the Court. Learned trial Court would proceed in the matter independently of the opinions given by the different Police Officers. The Investigators may be produced by the prosecution as witnesses when the trial commences against the accused. After hearing the learned counsel for the parties and perusing the record I am of the view that prima facie there was little justification with the I.G., Police to change his opinion so arbuptly. Learned counsel agree that the parties are ready to appear before the I.G. Police with a view to find out as to what were the circumstances under which last opinion was given by him in the case. In the circumstances, the petitioner, if so advised, may approach respondent No.l who would hear him vis-a-vis complainant in the case. After hearing the parties, the I.G., Police may decide the matter afresh on its merits according to law within next seven days. With this observation, this petition stands disposed of. SA./M-2741/L Disposed of.