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