Law: Constitution of Pakistan, 1973

Section: 199

Police Order (Amendment) Act, 2013---.--- ---.---Art. 18-A(3)---.---Constitution of Pakistan, 1973, Art. 199---.---Constitutional petition---.---Change of investigation---.---Second change of investigation was not inconsonance with law---.---Statutory provision of law---.---Validity---.---Investigation is required to be done in a case by an investigation officer or a team of investigation officers of a rank equal to or higher than rank of previous investigation officer or officers---.---Investigation is required to be conducted by I.O. of rank equal to or higher than rank of previous I.O., but unfortunately, first change of investigation was conducted by DSP/SDPO and declared petitioner as innocent, thereafter, change of investigation, same was conducted by Inspectors of RIB, which is without lawful authority and coram non judice, and is sheer violation of Art. 18A (3) of Police Order, 2013---.---Second investigation was not conducted in line with statutory provisions of law---.---Petition was allowed. THIS JUDGMENT DELIVERED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE;---.---- Through this petition, the petitioner has impugned order dated 5.3.2015 issued by Respondent No. 1, wherein the application of Respondent No. 5 for 2nd change of investigation in case FIR No. 828/2013, dated 7.9.2013, under Section 489-F, PPC, Police Station Cantt., District Multan was allowed. 2. Precise facts gathered from the file are that the petitioner is running a business of Travel Agency in the name and style of "Sky Links Travels". Respondent No. 5 alleged that the petitioner has borrowed an amount of Rs. 1,34,00,000/- from him in the presence of witnesses, and the petitioner gave five cheques of his account No. 0001017206, United Bank Limited, L.M Road, Multan, but the same was bounced, and Respondent No. 5 lodged FIR No. 828/2013, dated 7.9.2013, under Section 489-F, PPC, Police Station Cantt., District Multan. The petitioner filed an application for first change of investigation, which was allowed, and vide Police Diary No. 18 dated 27.1.2015, duly conducted by DSP/SDPO Circle Haram Gate, Multan, the petitioner was declared innocent. Thereafter, Respondent No. 5 moved an…

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