2005 PLP 2525 (YLR)

The petitioners are accused persons in case F.I.R. No.279 registered at Police Station, Mozang, Lahore on 3-6-2004 for offences under sections 324/148/149/109, P.P.C. Having remained dissatisfied with the investigation of the said criminal case respondent No.6, the complainant of the said criminal case submitted a petition under sections 22-A and 22-B, Cr.P.C. before the learned Sessions Judge, Lahore which petition was entrusted to a learned Additional Sessions Judge, Lahore for appropriate proceedings. On 8-6-2004 the learned Additional Sessions Judge, Lahore allowed that petition and directed the Senior Superintendent of Police, Investigation Lahore to transfer the investigation of that criminal case to any other Circle so as to be conducted by a gazetted police officer. The learned Additional Sessions Judge, Lahore further directed that the accused persons in the said criminal case were to be arrested and the investigation of the case was to be conducted on the merits and in accordance with the law. That order passed by the learned Additional Sessions Judge, Lahore, has been assailed by the petitioners before this Court through the present petition.

2. I have heard the learned counsel for the parties and have gone through the record of this case appended with this petition.

3. During the hearing of this petition a consensus has emerged between the learned counsel for the parties that as far as the conduct of investigation of a criminal case is concerned no party has any right to either get transferred to any particular officer or to object to any order passed in that regard by a Justice of Peace in exercise of his jurisdiction under sections 22-A and 22-B, Cr.P.C, and, thus, the learned counsel for the petitioners has stated that he does not press this petition to the extent of the relief prayed for by the petitioners through the present petition vis-a-vis transfer of investigation of the relevant criminal case through the impugned order.

4. As regards of the other relief prayed for by the petitioners through this petition in respect of the order passed by the learned Additional Sessions Judge regarding arrest of the petitioners it has been felt by me that the direction issued in that regard by the learned Additional Sessions Judge creates an impression that the petitioners are to be arrested first and then the matter of their involvement in the alleged offences is to be investigated. If that be the real import and intendment of the relevant direction then, I must observe, the same does not commend itself for approval. It is settled law that an arrest of an accused person in a criminal case, if required, is to follow the initial investigation and prima facie satisfaction of the Investigating Officer regarding there being some substance in the complainant's allegations against the accused person and not to precede it and any order contrary to that is to amount to putting the cart before the horse. The said part of the impugned order passed by the learned Additional Sessions Judge, Lahore, 8-6-2004 is, therefore, modified and it is ordered that the Investigating Officer of the above-mentioned criminal case may hold initial investigation of the said case and he may proceed to arrest the petitioners only if he tentatively feels satisfied with the correctness of the allegations levelled in the relevant F.I.R, It goes without saying that if the petitioners apprehend their imminent arrest then they may have recourse to a Court of law for their pre-arrest bail, if so advised.

5. With the observations made and order issued above this petition is hereby disposed of. There shall be no order as to costs. H.B.T./A-478/L Order accordingly.