ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

C.P.No.D-5687 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

Before:

Mr. Justice Mohammad Karim Khan Agha

Mr. Justice Irshad Ali Shah

1. For orders on Misc.No.23904/2021

2. For orders on office objection No. 18 & 26

3. For orders on Misc. No.23905/2021

4. For orders on Misc. No.23906/2021

5. For hearing of main case

23.09.2021

Mr. Muhammad Arif Advocate for the petitioner

-.-.-.-.-.-.

It is contended by learned counsel for the petitioner that the investigating officer of FIR Crime No.909 of 2021 under Sections 420/468 PPC of PS KIA Karachi by misusing his authority has declared the witnesses of the above said case as accused and has submitted challan against them before the Magistrate having jurisdiction, which is illegal, therefore, the such Magistrate to be restrained from taking cognizance of the offence on such challan and investigation of the subject case to be entrusted to an honest police officer.

We have learned counsel for the petitioner and perused the record.

Neither a court of law/Magistrate could be restrained from discharging its/his lawful duty from passing an order on a police challan submitted before it nor the status of the accused being witness or otherwise could not be determined by this Court in exercise of its constitutional jurisdiction. Consequently, the instant petition being misconceived is dismissed in limine together with pending applications.

Needless to state that the petitioner may seek transfer of the investigation of subject case on the basis of well-founded accusation, if it is pending with the investigating officer in accordance with law.

JUDGE

JUDGE