Law: Police Order (22 of 2002)

Section: 18(6)

Law: Electricity Act, 1910

Section: 39-A

Law: Constitution of Pakistan, 1973

Section: 199

Police Order (22 of 2002)--- ----Art. 18(6)---Electricity Act (IX of 1910), S.39-A---Constitution of Pakistan, Art.199---Constitutional petition---Theft of electricity---Change of investigation---Petitioner had prayed for passing a direction to Additional Inspector General of Police to change investigation of the case registered against him for theft of electricity under S.39-A of Electricity Act, 1910 and that Incharge investigation and S.H.O. were not recording his version as well as the statements of his witnesses in connivance with the complainant---Report of Inspector General of Police (Investigation), had made it clear that the request of the petitioner for change of investigation, as ordered by the Trial Court had been considered in accordance with Art.18(6) of Police Order, 2002---Members of the Board had unanimously come to the conclusion that there was no need for change of the investigation---Petitioner, in circumstances, had availed an alternative efficacious remedy---No fresh ground or material was available which could justify re-investigation of the case of the petitioner---Challan against the petitioner had been submitted in the court of competent jurisdiction---Petitioner had also filed a civil suit for declaration and mandatory injunction, which was pending adjudication---Constitutional petition was dismissed. ORDER: SH. AHMAD FAROOQ, JUSTICE:---.--- Through the instant petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for passing a direction to respondent No.1/Additional Inspector-General of Police, Punjab, Lahore to change investigation of the case arising out of F.I.R. No.580 of 2010, dated 2-6-2010, registered in Police Station Baghbanpura, Lahore, under section 39-A Electricity Act, on the ground that the respondents Nos.4 and 5/SHO and Incharge Investigation, Police Station Mughalpura, Lahore are not recording his version as well as the statements of his witnesses in connivance with the complainant/respondent No.6. The petitioner contended that he moved an application to respondent No.3/Capital City Police Officer, Lahore for change of investigation, on 24-6-2010, but his…

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