2006 PLP 1112 (YLR)

MUHAMMAD NAWAZ BHATTI, J.

Through this writ petition the petitioner has prayed for transfer of investigation in case F.I.R. No.113 of 2005, dated 11-5-2005 registered under sections 337-A(ii)/337-F(i)/34, P.P.C. by respondent No.4 against the petitioner and three others at Police Station, Machiwal District Vehari.

2. Learned counsel for the petitioner submits that story narrated in the F.I.R. is absolutely false and fabricated and in fact the petitioner is resident of Chak No.164/EB and deals with sale and purchase of wheat. On 11-5-2005 the petitioner was present on this business point when one Imran son of Nazeer Ahmad respondent No.4 demanded Rs.1,200 from the petitioner and on refusal he was annoyed and after some time came while armed with Sota along with his father Nazeer Ahmed armed - with small sword type weapon with wooden handle, Nazeer Ahmad caught hold the petitioner and threw the petitioner on the ground whereas Imran inflicted Sota blow which seated on his legs and Nazeer Ahmed inflicted dater blow which seated on the left hand of the petitioner. Blood was oozing from the body of petitioner and his left hand was fractured. That respondent No.3 with mala fide intention and with connivance of respondent No.4 totally changed the occurrence and obtained a manipulated forged and fabricated certificate so that the petitioner and others will be charged in the above-mentioned case. That the' respondent No.4 is very influential person and he also approached all the high-ups of the police and there is no expectation of fair, honest and impartial investigation.

3. I have heard learned counsel for the petitioner and perused the record available on the file. During the course of' investigation cross-version of the petitioner has already been recorded by the local police. 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 of 1973 does not extend to investigation into questions fact of appraisal of evidence touching issues falling within A authority of administrative Tribunal or executive functionaries. Factual controversy cannot be resolved through Constitutional petitions Khadim Hussain v. Assistant Collector PLD 1977 Lahore 194 and Muhammad Ashfaq v. Martial Law Administrator PLD 1979 Kar.

465. 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 in limine. Petitioner may avail the remedy under the law if advised. H.B.T./M-1299/L Petition dismissed.