Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P. No. D 1241 of 2019

 

 

Before :

Mr. Justice Naimatullah Phulpoto

Mr. Justice Abdul Mobeen Lakho

 

 

Date of hearing : 03.10.2019.

 

 

Mr. J. K. Jarwar, Advocate for petitioner.

Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General.

 

 

O R D E R

 

 

ABDUL MOBEEN LAKHO, J. Through the instant Constitutional Petition, petitioner / accused Ghulam Muhammad has prayed for the following reliefs:

a) That this Honourable Court may kindly be pleased to direct the Respondent No.2 that he may conduct inquiry of FIR Cr. No.111/2019, U/S 337-V, 354, 114, 201, 504 PPC of Police Station Kandiaro and submit such report before this Honourable Court.

b) That this Honourable Court may kindly be pleased to direct the respondent No.2 that he may conduct departmental inquiry against the respondent No.3 on registration of false FIR against the petitioner party on the instance of influenced persons and take departmental action against him.

c) That this Honourable Court may be pleased to grant any other equitable relief which deems fit and proper in the circumstances of the above case.

2. Counsel for petitioner was directed vide order dated 03.09.2019 to satisfy the Court under what circumstances this Court can interfere with the investigation.

3. Learned counsel for the petitioner submitted that final report has been submitted against the petitioner by the Investigation Officer for the mala fide reasons.

4. Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General present in the Court waived notice and argued that case is pending before the competent Court of Law. Trial Court may be directed to decide the case on merits.

5. While deciding C. P. No. D-1202/2019, we had observed as under:

10. If the investigation is launched in bad faith out of personal motives either to hurt the accused or to benefit oneself or in colourable exercise of powers not authorized by the law under which the action is taken or action taken in fraud of the law then it comes within the scope of mala fide. The fraud of the law or colourable exercise of powers amounts to abuse of the process of law. The investigation can be corrected and necessary orders can be passed if the aggrieved party alleges and proves one or other of the following conditions:

(1)               investigation initiated beyond the jurisdiction of Investigating Agencies;

(2)               investigation initiated with mala fide intention;

(i)                 in bad faith out of personal motives either to hurt the person against whom the action is taken or to benefit oneself.

(ii)               in colourable exercise of powers;

(iii)             not authorized by the law under which the action is taken;

(iv)              action taken in fraud of the law; and

(v)          abuse of the process of law.

6. Learned counsel for the petitioner submitted that case is pending before the Court of competent jurisdiction. Proper course for the petitioner would be to approach the trial Court for seeking any relief available to him under the law. Learned counsel for the petitioner has alleged mala fide against the Investigation Officer, but he could not point out specific mala fide floated on the record.

7. Petition is without merit and the same is dismissed. These are the reasons of our short order announced by us on 3rd October 2019.

 

 

J U D G E

 

J U D G E

Abdul Basit