2023 P Cr (PLP)

KHADIM HUSSAIN M. SHAIKH, J.

The facts in brief necessary for disposal of instant Criminal Misc. Application are that accused Sonaro alias Nango and Gul Khan were arrested by police party of Police Station Khanpur and Rahimabad and on search from them were secured Four KGs and Five KGs of the Charas respectively, for such recovery they were booked accordingly. The applicant claiming to be relative of the said accused by way of making an application under section 22-A(6)(ii), Cr.P.C., sought for transfer of investigation of the cases, it was dismissed by learned Sessions Judge/Ex-officio Justice of Peace, Shikarpur, by making a conclusion that the interim charge sheet(s) against the accused have been submitted and practically, no investigation is in field, which could be transferred, vide his order dated 23.04.2020, which is impugned by the applicant before this Court by way of instant Criminal Misc. Application.

2. It is contended by learned counsel for the applicant that the accused involved in the incident are innocent and such fact could only be surfaced through honest investigation. By contending so, he sought for setting aside of the impugned order with direction to concerned for re-investigation of cases of the accused. In support of his contention, he has relied upon case of Bahadur Khan v. Muhammad Azam and 2 others (2006 SCMR 373).

3. It is contended by learned D.P.G for the State that the applicant has no locus standi to ask for transfer of the investigation of the cases of someone else under the pretext of their being relative that too at the time when investigation is over and cognizance of the cases has already been taken by the Court having jurisdiction. By contending so, he sought for dismissal of the instant Criminal Misc. Application.

4. We have considered the above arguments and perused the record.

5. The applicant is not connected with either of the incident personally, he has sought for transfer of investigation of the cases of the accused under the pretext that he is their relative, which could hardly be made a reason for transfer of investigation of criminal cases. Even otherwise, nothing has been brought on record by the applicant, which may prove his relationship with the accused involved in the above incident. The investigation of the cases is over and its cognizance has already been taken by the Court having jurisdiction. If the accused are having a feeling that they are innocent, then they can prove their innocence before learned trial Court effectively at the appropriate stage of trial.

6. In case of Bahadur Khan (supra), which is relied upon by learned counsel for the applicant, the re-investigation of the cases has also been disapproved by the Honourable Supreme Court of Pakistan by making following observation; "

Ss. 156 & 173

Re-investigation

System of re-investigation is a recent innovation which is always taken up at the instance of influential people for obtaining favourable reports, which in no way assists the Courts in coming to a correct conclusion, rather they create more complications in the way of administration of justice

Such system of reinvestigation and successive investigations, therefore, was disapproved."

7. No justification is advanced to make interference with the impugned order by this Court by way of instant Criminal Misc. Application, it is dismissed accordingly. SA/B-12/Sindh Application dismissed.