Law:

Section:

Police Order (22 of 2002)--- ----Art.18(6)---Constitution of Pakistan Art.199---Constitutional petition---Transfer of investigation---D.I.G. (Investigation) had directed for transfer of investigation in the case under Art.18(6) of the Police Order, 2002---Validity---Record of Standing Board as to transfer of investigation was requisitioned in order to know the reasons assigned by the Board for the transfer of investigation as required under Art.18(6) of the Police Order, 2002---Transfer order of investigation lacked reasons despite requirement under Art.18(6) of Police Order, 2002 to assign reasons for such transfer---Petition was accepted and transfer order being shorn of reasons was declared illegal and unlawful and same was set aside. ORDER MAZHAR IQBAL SIDHU, J.---Through the instant constitutional petition Khizar Ahmad petitioner has called in question order dated 19-7-2011 passed by respondent No.1 Deputy Inspector General of Police (Investigation), Lahore whereby the investigation of this case was transferred. 2. Facts, pithily, compelled the petitioner to institute the instant petition are that on the written complaint of Kh. Nadeem Ahmad respondent No.6 a case was registered against the petitioner vide F.I.R. No.1027 dated 1-9-2010 under sections 420/406, P.P.C. at Police Station North, Cantt., Lahore, debunking that he and the petitioner through a joint venture initiated business but the same could not continue and the petitioner allegedly dishonestly misappropriated capital invested therein. 3. Case was investigated and as being found false its cancellation report was prepared by the Inspector/S.H.O. on 13-11-2010 and then the same was placed before the learned court of Illaqa Magistrate concerned in order to obtain an order on it but in the meanwhile, investigation was transferred through the impugned order dated 19-7-2011 handed down by respondent No.1. 4. Being aggrieved of the said order, hence the instant petition. 5. Learned counsel for the petitioner venerably submits that the impugned order is perverse on the face of it on account of shorn of reasons and respondent No.1 did not provide an opportunity to the petitioner of being heard and the…

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