Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 173,241A

Constitution of Pakistan, 1973-- ----Art. 199--Lodging of FIR--Confirmation of investigation--Application for transfer of second investigation--Allowed and investigation was transferred--Accused were found involved after through investigation--Submission of report under Section 173 Cr.P.C.--Recommendations of provincial standing Board--Order for change of third investigation--Challenge to--Report u/s 173 Cr.P.C. has already been submitted before learned trial Court and trial has also commenced against Respondents No. 5 to 8, so, keeping in view above cited s, there is no cavil to proposition that after submission of report u/s 173 Cr.P.C. and commencement of trial, change of investigation by Respondent No. 1 was uncalled for and is not sustainable in eye of law--Even otherwise, there would be an ample opportunity for both parties to prove their stance before learned trial Court by producing evidence--Petition was allowed. 2014 SCMR 1499 & PLD 2007 SC 31, ref. THIS ORDER PASSED BY: MUHAMMAD WAHEED KHAN, JUSTICE---.--- Through the instant petition filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has made the following prayer;-- "It is therefore, most respectfully prayed that instant Writ Petition may kindly be accepted and the transfer of investigation and proceeding thereon may kindly be quashed after declaring the same to be illegal, unlawful and without jurisdiction. Any other relief which this Honourable Court deems fit and appropriate may also be awarded to the petitioner." 2. Learned counsel for the petitioner submits that the petitioner lodged FIR No. 140 dated 11.02.2018 u/s 506/341 PPC at Police Station Sadar Okara against Respondents No. 5 to 8 regarding the occurrence allegedly took place on 08.02.2018. The matter was thoroughly investigated by the Investigating Officer-Respondent No. 4, thereafter, investigation was conducted by the Station House Officer Police Station concerned and the Deputy Superintendent of Police, namely, Zia Ullah also confirmed the investigation conducted by two Investigating Officers. Thereafter, Respondent No. 5 to 7 applied to the Provincial Standing Board for second…

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