2015 P Cr (PLP)

Petitioner Muhammad Saeed Ahmed through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, prays for setting aside the report under section 173, Cr.P.C. prepared by respondent No.5 on 11-6-2014 with a direction to respondent No.1 to re-investigate the matter by some competent and qualified officer.

2. Brief facts giving rise to this writ petition are that F.I.R. No.3 dated 8-4-2013 registered under sections 201, 218, 419, 420, 468, 471, 409, 109, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 at Police Station FIA/SIU, Islamabad against the nominated accused but only Bilal Ahmed, Abaira Khan, Saeed Ullah and Mumtaz Hussain accused persons were interrogated whereafter two reports under section 173, Cr.P.C. were submitted in court i.e. on 20-9-2013 and 9-1-2014. However, the investigation to the extent of respondent No.6 and other accused who were duly nominated in the said F.I.R. was not conducted. Later on those accused were summoned by the I.O. on 13-2-2014 through notice issued under section 160, Cr.P.C. which was challenged by respondent No.6 through Writ Petition No.4231-Q of 2014 in which its operation was suspended by this Court vide order dated 18-2-2014. Subsequently, respondent No.5/I.O. conducted the investigation of the case and ultimately he submitted report under section 173, Cr.P.C. Feeling aggrieved by that act of the I.O. petitioner-accused has approached this Court through the writ petition in hand.

3. In compliance with order of this Court report and para-wise comments have been submitted on behalf of respondents Nos.2 to 5 in which it was categorically stated that only those persons were found accused against whom there was sufficient incriminating evidence had come on record whereas the remaining were exonerated being innocent.

4. Learned counsel for respondent No.6 emphasized that under section 204, Cr.P.C. petitioner has been nominated and evidence has been recorded and that earlier application was filed before the learned trial court which was dismissed on 2-11-2014. Lastly submits that a direction has been issued by the Hon'ble Supreme Court of Pakistan for concluding, the trial within a period of four months vide order dated 16-7-2014 in Criminal Petition No.306 of 2014 titled Syed Mumtaz Hasnain v. The State and another.

5. Arguments heard and record perused.

6. We subscribe to the arguments advanced by learned counsel for the petitioner that the Investigating Agency has no authority whatsoever to give finding of guilt or innocence regarding accused persons under the provisions of Criminal Procedure Code, 1898, Police Act, Police Order, 2002 and the Rules framed there under as it is prerogative of the court to give finding after recording evidence and statement of the accused regarding guilt or innocence and such finding of the police is tentamounts to debar powers of the court of law. This is so exactly reiterated in Anwar Shamim and another v. The State (2010 SCMR 1791).

7. The purpose of investigating Agency is to collect evidence and not to hold any person guilty or otherwise. In the instant case by converting some accused as witnesses the I.O. in our opinion, has not transgressed his authority. In our consented view evidence collected during investigating will be properly weighed and scrutinized by the trial court. However, the petitioner, if so advised, may file a private complaint. Since the Hon'ble Supreme Court has already issued direction to the learned trial Court to conclude the trial expeditiously, therefore, we would not like to hamper the proceedings of the trial and would therefore, like to dismiss this petition without commenting upon the evidence so far collected by the Investigating Agency.

8. For the above said reasons this petition having no merits, is hereby dismissed. MH/M-386/L Petition dismissed.