Muhammad Saleem V. Investigation Officer Levies Station Hanna, Quetta,

2019 M L D 1719 [Balochistan] Before Jamal Khan Mandokhail and Rozi Khan Barrech, JJ MUHAMMAD SALEEM---Petitioner Versus INVESTIGATION OFFICER LEVIES STATION HANNA, QUETTA and another---Respondents C.P. No. 350 of 2019, decided on 28th June, 2019. (a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A(6) & 173---Ex-officio Justice of Peace---Transfer of investigation after submission of challan--- Scope---Petitioner assailed order of trial court whereby his application for transfer of investigation was dismissed---Validity---Challan against the accused persons had been submitted and they were facing trial--- One of the accused persons was absconding in the case, therefore, the complainant claimed transfer of investigation simply on the ground that the Investigating Officer was not making serious efforts for arrest of the absconding accused---Petitioner had neither pointed out any mala fide of the investigating officer nor any association with the absconding accused---Trial court after receiving challan had issued non-bailable warrants of arrest against the absconding accused and in that regard proceedings under Ss. 87 & 88, Cr.P.C. were already initiated against the absconding accused---Petitioner failed to point out any illegality, irregularity or perversity in the impugned order---Constitutional petition was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----S. 22-A---Constitution of Pakistan, Art. 199---Constitutional jurisdiction---Ex-officio Justice of Peace--- Scope---Article 199 of the Constitution has empowered the High Court to review or set aside the order passed under S. 22-A, Cr.P.C., but such power can only be exercised if lower court has not applied its mind or has overlooked some material aspect of the case---Where the lower court has passed a well reasoned order keeping in view the facts of the case, no interference is required. (c) Criminal Procedure Code (V of 1898)--- ----Ss.22-A, 22-B, 173 & 190---Powers of Ex-officio Justice of Peace---Report of police officer--- Cognizance of offence---Scope---Sections 22-A & 22-B, Cr.P.C. provide remedy to the citizens at their door steps against the highhandedness of the police, if they fail to perform their duties regarding registration of criminal case, proper investigation or excess is committed by them in relation to their functions and duties--- Said provisions are not meant to interfere in the judicial functions of the courts where challan is submitted and cognizance is taken by the court of competent jurisdiction. Qari Rehmatullah Khan for Petitioner. Muhammad Younas, A.P.G. for Respondents. Date of hearing 20th June, 2019. JUDGMENT ROZI KHAN BARRECH, J .---This petition is directed against the order dated 7.3.2019 passed by Additional Sessions Judge-V, Quetta whereby the trial court dismissed the application of the petitioner for transfer of investigation in case FIR No.7/2016, dated 17.4.2016 registered under Section 302 read with 34, P.P.C. at Levies Thana, Hanna Quetta.

2. Briefly stated the facts of the case are that complainant/ petitioner lodged FIR No.7/16 on 17.4.2016 against Muhammad Ibrahim, Shah Khalid and Maqbool sons of Muhammad Ismail, with the allegations that on 30.3.2016 he received information that some one has murdered his brother Abdul Nasir and his dead body was lying in the mountains. After receiving such information, he reached at the place of occurrence and found the dead body of his brother lying there. The incident was reported in the Levies Thana Hanna Quetta and on completion of usual investigation; challan was submitted before the Sessions Judge, Quetta who transmitted the same to the tile of Additional Sessions Judge-V, Quetta.

3. The petitioner filed an application under Section 22-A(6), Cr.P.C. for transfer of the investigation from levies thana Hanna to the Balochistan Crimes Branch Police and the same was rejected by the ASJ-V. Quetta vide order dated 7.3.2019. Hence, this petition.

4. Learned counsel for the petitioner contended that the Investigation Officer of the case was not conducting the investigation properly and no serious effort was made for arrest of the absconding accused, rather he was2019 M L D 1719 https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=201... 1 of 2 2/4/2020, 2:24 PM leaving serious lacunas in the prosecution case in order to extend undue benefit to the accused party. He further argued that on account of the acts of omissions on the part of Investigation Officer, grave miscarriage of justice is being caused to the petitioner. He lastly argued that the impugned order passed by the trial court is contrary to the natural justice. Learned A.P.G. has opposed the petition and supported the impugned order dated 7.3.2019 passed by the learned Additional Sessions Judge-V, Quetta.

5. We have heard the parties at length and perused the available record including the impugned order.

6. It is an admitted fact that the FIR of incident was lodged on 17.4.2016 and after completion of usual investigation challan was submitted before the Additional Sessions Judge-V, Quetta. A perusal of case record revealed that in the instant case challan against the main accused persons has been submitted and they are facing trial before the trial court and one of the accused is absconding in the instant case, therefore, the complainant claimed transfer of the investigation of the instant case simply on the ground that I.O. is not making serious efforts for arrest of the absconding accused. In this regard, it may be seen mat Article 199 01 the Constitution of Islamic Republic of Pakistan has empowered this court to review or set aside the order passed under Section 22-A, Cr.P.C, but such powers could only be exercised if lower Court had not applied its mind or had overlooked some material aspect of the case and where the lower court had passed a well reasoning order keeping in view the facts of the case, no interference is required. In the instant case, the investigation has already been completed and challan whereof was submitted before the trial court and the case is pending adjudication. The petitioner neither pointed out any mala fide on behalf of the Investigation Officer nor any association with the absconding accused.

7. It is worth while to mention here that provisions of Section 22-A and B, Cr.P.C. have been introduced through legislation to provide remedy to the citizens at their door steps against the highhandedness of the police, if they fail to perform their duties regarding registration of criminal case, proper investigation or excess is committed by them in relation to their functions and duties. However, these provisions have not been meant to interfere in the judicial functions of the courts if after investigation the challan is submitted and cognizance is taken by the court of competent jurisdiction. The learned counsel for the petitioner has filed to show that after the submission of challan how an application under Section 22-A and B, Cr.P.C. is competent before the Justice of Peace. Record further transpired that the learned trial court after receiving challan of the case had issued non-bailable warrants of arrest against the absconding accused and in this regard, proceedings under Sections 87 and 88, Cr.P.C. have already been initiated against the absconding accused and it is hoped that the trial court will leave no stone unturned to arrest the absconding accused. Besides, the learned counsel has also failed to point out any illegality, irregularity or perversity in the impugned order dated 7.3.2019 of the learned trial court being passed after proper appraisal of evidence which does not warrants any interference by this court. For the foregoing reasons, we see no merit in this petition which is dismissed accordingly. SA/45/Bal. Petition dismissed. ;2019 M L D 1719 https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=201... 2 of 2 2/4/2020, 2:24 PM