2004 P Cr (PLP)

Case F.I.R. No. 127 of 2002 was registered on 25-10-2002 with Police Station Ganda Singh Wala under section 452/427/148/149, P.P.C. The petitioner/complainant filed Writ Petition No.7888 of 2003 feeling aggrieved of successive investigations with the prayer that "the order of respondent No.2 for investigating fourth time" be declared to be illegal and without lawful authority and for direction to put up the challan. In that petition report and parawise comments were submitted by the District Police Officer, Kasur on 23-6-2003. It was stated that "investigation of the case was pending with S.H.O./Ganda Singhwala when the same was transferred to S.P./Range Crime, Lahore by the Deputy Inspector-General of Police, Sheikhupura Range, Lahore vide letter No.1132-CC/DIG, dated 29-10-2002. It was concluded by the S.P./Range Crime, Lahore that all the accused have been found guilty or offence under sections 440/ 148/ 149, P. P. C. The case file was sent back to the S.H.O./Ganda SinghwaIa with the direction to submit challan against the accused. Subsequently, no further orders about the transfer of investigation of this case has received from any corner". In view of this the writ petition was disposed of on 15-7-2003 through the following order:-- "The report has been received wherein it is categorically stated that the investigation is complete and the case file was sent back to the S.H.O./Ganda Singhwala with the direction to submit challan against the accused. It is stated that no further investigation is being conducted into the matter. This fructifies the petition which was based on apprehensions only. Disposed of accordingly." The petitioner thereafter made an application before the learned Sessions Judge, Kasur for direction to the police to submit challan. On 3-9-2003 learned Sessions Judge, Kasur passed the under mentioned order:-- "The case is still under investigation with Fara Imraz Mumtaz, D.S.P. Crimes 'Branch, Lahore, who is directed to submit the challan expeditiously. The application is disposed of. File be consigned to record room." Through the present petition, the above mentioned order of the learned Sessions Judge, Kasur has been assailed, and prayer for direction to submit challan in the light of order passed in Writ Petition No.7888 of 2003 has been made.

2. It is contended by the learned counsel that categorical statement having been made before this Court that the investigation was complete and there was no order about transfer of investigation, the challan should have been submitted promptly: In the report and parawise comments submitted by the respondents, the position stated is that after the disposal of the writ petition, an accused person had made an application before the Additional Inspector-General of Police for transfer of investigation. As a result whereof, a Board headed by Dr. Arif Mushtaq, S.P. (Investigation) recommended that the investigation "should be conducted anew by impartial agency preferably Investigation Branch, Punjab, Lahore". The matter then reached before the Inspector-General of Police Punjab, Lahore who ordered the transfer of investigation to Investigation Branch, Punjab, Lahore. This was vide memorandum, dated 30-7-2003. The report submitted on behalf of the Provincial Police Officer Punjab, Lahore further discloses that initial investigation of the case was carried out by local police, thereafter, on the application of the accused party, it was entrusted to S.P./Range Crime, Sheikhupura who `after due investigation, concluded that Inayat Ali etc. were guilty of offences mentioned above and sent the case file to focal police to challan the accused, accordingly". It is however, stated that "the appearance of District Police Officer, Kasur before High Court and his statement before the Court were not brought to the knowledge of the office .

3. It is evident from the proceedings that the petitioner had in the first instance to approach this Court for a direction as the case was not being registered by the local police and after the registration of the case, he had to file Writ Petition No.7888 of 2003 in which order, dated 15-7-2003 was passed on the report submitted by the District Police Office, Kasur. In view of that report and stance taken before this Court the matter of investigation ought to have ended and challan submitted before the Court concerned, but the same has dragged and lingered on till today, and the petitioner had again to approach this Court clamouring for justice. Suffice it to observe that besides provisions of Article 18 or Police Order, 2002 which limits the number and transfer or investigations, there was no scope left for any other, investigation after the statement was made before this Court that the investigation had been completed and the file had been sent for submission of challan to S.H.0. Ganda Singhwala. Needless to emphasis that any statement made or undertaking given during the course of proceedings before the Court by a party, particularly when the matter is disposed of by the Court in view thereof, binds the party and acquires sanctity. It becomes duty of the party to honour and respect the same. Any deviation therefrom by a party to the litigation cannot be ordinarily ignored or overlooked: It, appears however, (as stated in the comments) that the Board -of Investigation, the Additional Inspector-General of Police, Investigation Branch, Punjab Lahore and the Inspector-General of Police, Punjab, were not apprised of the stance taken by the District Police Officer, Kasur before this Court and the order passed in Writ Petition No.7888 of 2003 on 15-7-2003. I entertain no doubt whatsoever that had these facts been brought to the notice of such higher police authorities, the matter would not have taken such complexity. Thus, any order of transfer of investigation passed after 15-7-2003 or the conduct of investigation cannot, but be regarded as militating against the order passed by the Court and is of no legal effect. Respondents Nos.2 to 5 will ensure the compliance of order passed on 15-7-2003 in Writ Petition No.7888 of 2003 and to submit challan before the Court of competent jurisdiction without delay. The writ petition is accepted with the above observation anal directions and disposed of accordingly. H.B.T./M-2384/L Petition accepted.