' Through this petition the petitioner has prayed for setting aside the impugned order dated 19-5- 2005 passed by the learned Additional Sessions Judge/Justice of Peace, Lodhran whereby he transferred the investigation of case F.I.R. No.101 of 2005 registered under sections 10/16 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Danewal District, Vehari.
2. Learned counsel for the petitioner submits that the impugned order has been passed without summoning the accused persons so they have been condemned unheard and the impugned order is violative of. A principle of natural justice. That complainant of the case has abused the process of law, he remained mum -throughout the investigation and did not raise any objection but on the eve of cancellation report he malafidely approached the Court of competent jurisdiction. That petitioner filed suit for dissolution of marriage on 29-U-2004, wherein she has categorically stated that she had left the house of complainant on 20-11-2004 when she saw the complainant in objectionable position with the wife of his elder brother, the suit was dismissed for non-production of evidence and she has filed another suit for dissolution of marriage, which is pending adjudication. Further submits that the impugned order is not sustainable in the eye of law and is violative of provisions of Police Order, 2002.
3. I have heard learned counsel for the petitioner and carefully perused the copies of record appended with the petition. A bare perusal of impugned order shows that respondent No.3 namely Shahzad Maseh filed petition before the learned Sessions Judge, Vehari for transfer of investigation alleging therein that Shaukat Ali A.S.-I. Was biased against him prior to the registration of case and he had submitted false report and that such type of occurrence had not taken place whereupon the learned Additional Sessions Judge, Vehari changed the investigation of the case and entrusted the same to D.S.P. (Investigation), observing that it was proper for Shaukat Ali A.S.-I. That investigation of this case should not be conducted by him as the Court disagreeing with his.
Enquiry report had ordered for registration of case yet even then he himself investigated the matter and recommended for cancellation of case.
4. Findings of fact have been recorded by the learned Additional Sessions Judge and he has passed a speaking order and no interference is needed in the impugned order. Even otherwise Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is a discretionary jurisdiction whereby the Court has to be satisfied regarding the matter and when the appropriate remedy is available to the petitioner, writ petition is not competent reliance is placed on "Malik Khalid Mehmood v. Inspector-General of Police Punjab and others" (2002 PCr.LJ 1613), Fida Hussain v. The State" (1975 SCM R 150) and "Abdul Wahid Khan v. Government of the Punjab and others" (PLD 1989 SC 508). Finding no substance in the instant writ petition, the same is dismissed in limine.