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Police Order [22 of 2002]-------Art. 18(6)---Criminal Procedure Code (V of 1898), Ss. 173 & 221---Change/transfer of investigation---Scope---Investigation transferred at a stage when challan had already been submitted in court, charge had been framed and trial had commenced---Order for transfer of investigation at such a belated stage would not be sustainable in the eyes of law. Muhammad Nasir Cheema v. Mazhar Javaid and another PLD 2007 SC 31 ref. Gohar Razzaq Awan, Advocate Supreme Court for Petitioner. Shahid Azeem, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for Respondents. Date of hearing: 25th April, 2014. JUDGMENT IJAZ AHMED CHAUDHRY, J.---Qari Muhammad Rafique, petitioner, by way of instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeks leave to appeal against the order dated 8-4-2013, passed by a learned Division Bench of Lahore High Court, Lahore in Intra Court Appeal No. 288 of 2013. 2. Briefly, the facts relevant for the disposal of this petition, are that F.I.R. No. 52 of 2012, dated 16-5-2012, was registered against the petitioner and 10 others under sections 302, 148, 149, 109, P.P.C. at Police Station Chakrala, District Mianwali. During the course of investigation, co-accused of the petitioner, namely, Gul Rehman, Muhammad Hanif, Qamar Din and Rafiullah were declared innocent to the extent of occurrence but declared guilty to the extent of common intention. The petitioner, moved an application to the Additional Inspector-General of Police (Investigation) Punjab, Lahore for change of investigation on 3-12-2012 on which a Board was constituted under Article 18(6) of Police Order, 2002, which after hearing both the parties, changed the investigation vide order dated 25-2-2013. Feeling dissatisfied with the aforesaid order Jan Muhammad filed Writ Petition No. 5664 of 2013 which was accepted by a learned Single Judge in Chamber vide order dated 27-3-2013 and the order dated 25-2-2013 was quashed whereby the investigation in the instant case was transferred. Being aggrieved by the aforesaid order, petitioner filed Intra Court Appeal No. 288 of 2013 which stood dismissed vide…

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