Case Details

Citation(s)
2015 SLG 2450 2015 SLD 2450 2015 PLD 630
Lahore High Court
Writ Petition No. 7899 of 2015, decided on 8th April, 2015.
MISS AALIA NEELUM, J
Azar Latif Khan for Petitioner. Muhammad Nasir Chohan, Asstt. Advocate-General. Muhammad Saim Chaudhry for
Respondent No. 4.

SARDAR SHUJAT

VS

D.P.O. OKARA and others

Law:

Section:

Police Order (22 of 2002)--- ----Art. 18(A), proviso [as inserted by Punjab Police Order (Amendment) Act, 2013]---Criminal Procedure Code (V of 1898), S.173---Constitution of Pakistan, Art.199---Constitutional petition---Investigation, change of---Final report not submitted---On the recommendation of District Standing Board, investigation was transferred by Head of District Police---Validity---Re-investigation or further investigation was permissible under law even after submission of Challan but before cognizance had taken place by Trial Court---Head of District Police was empowered under proviso to Art.18(A) of Police Order, 2002 to change investigation, if reasons given by District Standing Board were found to be reasonable and cogent---District Standing Board had made deliberations and order passed by District Police Officer showed that he had considered the same and was in agreement with the recommendations---District Police Officer, under Art.18(A) of Police Order, 2002, was competent to pass the order for transfer of investigation in view of the recommendations made by District Standing Board---Petitioner had joined proceedings before District Standing Board which got support from attendance sheet, therefor---Order passed for change of investigation did not suffer from any illegality or infirmity---Petition was dismissed in circumstances. ORDER MISS AALIA NEELUM, J.---The petitioner has assailed the order dated 14-3-2015 regarding first transfer of investigation of case FIR No.952 of 2014 dated 29-9-2014, registered under sections 324, 148, 149, P.P.C., at Police Station City Depalpur, District Okara and case FIR No.954 of 2014 dated 29-9-2014 registered under sections 324, 427, 109, 148, 149, P.P.C., at Police Station City Depalpur, District Okara whereby the investigation of the said case was transferred and entrusted to a team comprising of Inspector Tassawar Ali and Inspector Mushtaq Ahmed. 2. It has been argued by the learned counsel for the petitioner that the impugned order is violative of the provisions of Article 18(A) of Punjab Police Order (Amendment Act XXI of 2013). It is further argued that the impugned order dated 29-9-2014 passed by…
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