ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constitution Petition No.D-1445 of 2022
|
Date |
Order with signature of Judge |
Before;
Mr.
Justice Zafar Ahmed Rajput
Mr. Justice Irshad Ali Shah
25-01-2023
Mr.
Ubedullah Ghoto, Advocate for the petitioner
Mr.
Shabbir Ali Bozdar, Advocate for Respondents No.6 to 9
Syed
Sardar Ali Shah Rizvi, Additional Prosecutor General
Mr. Ghulam Abbas Kubar, Assistant Advocate General
.-.-.-. -.-.-.-.-.-.-.-.-
Zafar
Ahmed Rajput, J. The facts in brief
necessary for disposal of instant petition are that an application u/s 22A
& B Cr.P.C for change of investigation of case outcome of FIR Crime No.
41/2022 u/s 302, 324, 337H(ii), 147, 149 PPC of PS Daharki, District Ghotki was
filed by one Bashir Ahmed, it was disposed of on 22-03-2022 with consent of the
parties, by learned IInd Additional Sessions Judge/Ex-Officio Justice of Peace
Ghotki, whereby DIG Sukkur was required to ensure fair, impartial and honest
investigation of the above said case. In compliance whereof, DIG Sukkur vide
order dated 24-03-2022 directed Inspector Abdul Qudoos Kalwar to conduct fair,
impartial investigation of the above said case purely on merits. Consequently,
such inquiry was conducted by Inspector Abdul Qudoos Kalwar and he furnished
such report before the Court having jurisdiction on 18-04-2022. It is in these
circumstances, the petitioner has filed the instant petition with the prayer
that the Order of DIG Sukkur for change of investigation of above said case to be
declared illegal and inquiry report furnished by Inspector Abdul Qudoos Kalwar
be quashed.
2. It is contended by learned
counsel for the petitioner that DIG Sukkur has ordered change of investigation/inquiry
without providing chance of hearing to the petitioner, which has violated his
fundamental rights. By contending so, he sought for declaration that such order
of DIG Sukkur to be declared illegal and inquiry conducted by Inspector Abdul
Qudoos Kalwar on the basis of such order to be quashed.
3. Learned Additional P.G for the
State, learned Assistant Advocate General, Sindh and learned counsel for the
private respondents have sought for dismissal of instant petition by contending
that it is second in series, the very case is at the verge of framing of the
charge.
4. Heard arguments and perused
the record.
5. Obviously, the instant
petition is second in it series, the earlier one was dismissed for
non-prosecution. If the petitioner was intending to pursue his cause, then it
was obligatory upon him to have sought for restoration of his earlier petition,
it was not sought to be restored by him for no obvious reason, as such, the
filing of second petition on same cause of action could hardly be maintained.
If for the sake of arguments, it is believed that second petition on same cause
of action could be maintained, then there is no denial to the fact that the
change of investigation of the case of the petitioner was ordered by DIG Sukkur
on the basis of consent order passed by learned IInd Additional Sessions
Judge/Ex-Officio Justice of Peace Ghotki well within his jurisdiction, in terms
of section 22(A) (6) (ii) Cr.P.C. In that situated there was hardly a need for DIG
Sukkur to have provide a change of hearing to the petitioner before making the
compliance of above said order. If, the petitioner is not satisfied, with the investigation/inquiry,
conducted by Inspector Abdul Qudoos Kalwar or anyone else, than he has a remedy
to exhaust under section 200 Cr.P.C by filing a Direct Complaint of the
incident before the Court having jurisdiction.
6. In view of the facts and
reasons discussed above, the instant petition being devoid of any legal justification
is dismissed accordingly.
JUDGE
JUDGE
Suleman Khan/PA