This petition is directed against the order dated 27.4.2005 passed by the learned Addl. Sessions Judge; Multan whereby he dismissed the application of the petitioner for transfer of investigation in case FIR No, 6/2005 dated 7.1.2005 registered u/S. 379 PPC at police station Alpa district, Multan to Range Crime Branch, Multan.
2. Learned counsel for the petitioner submits that being not satisfied with the conduct of investigation the petitioner had approached the police functionaries but nothing was done.
Subsequently the petitioner moved an application u/S. 22-A Cr.P.C. in the Court of learned Sessions Judge, Multan for transfer of investigation. It is contended that the learned Addl. Sessions Judge called the record and without any reason dismissed the application vide order dated 27.4.2005.
Further contended that a direction be issued for transfer of investigation.
3. I have heard learned counsel for the petitioner and also gone through the impugned order dated 27.4.2005 passed by learned Addl. Sessions Judge, Multan whereby he has observed that investigation of the case was conducted by Muhammad Ramzan, S.I. which was verified by DSP/SDPO, then S.P. (Investigation) District, Multan also probed into the matter and all the, three Investigating Officers were unanimous regarding the innocence of the accuse and had recommended for cancellation of case. The learned Addl. Sessions Judge being not satisfied dismissed the application filed by petitioner.
4. Section 22-A Cr.P.C. was inserted in the Code of Criminal Procedure just to lessen the burden on this Court whereby such like matters ought to be resolved by the Court of first instance by deciding the matter.
5. Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 empowers this Court ;to review or set aside the order passed under Section 22-A, Cr.P.C. but such powers can only be exercised if the lower Court has not applied its mind or has over looked some material aspect of the case.
When the lower Court has passed a well reasoned order keeping in View the facts of the case, no interference is required by this Court and approaching this Court should be discouraged.
6. Section 22-A and B is reproduced below for convenience: 22-A: Powers of Justice of the Peace:--(1). A Justice of Peace for any local area shall, for the purposes of making an arrest having within such area all the powers of a Police Officer referred 'to in Section 54 and an officer-in-charge of a police station referred to in Section 55.
(2) A Justice of the Peace making an arrest in exercise of any powers under sub-section (1) shall, forthwith, take or cause to be taken the person arrested before the officer in charge of the nearest police station and furnish such officer with a report as to the circumstances of the arrest and such officer shall thereupon rearrest the person.
(3) A Justice of the Peace for any local area shall have powers, within such area, to call upon any member of the police force on duty to aid him--
(a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated; and
(b) in the prevention of crime in general and, in particular, in the prevention of a breach of the peace or a disturbance of the public tranquility.
(4) Where a member of the police force on duty has been called upon to render aid under sub- section (3), such call shall be deemed to have been made by a competent authority.
(5) A Justice of the Peace for any local 'area may, in accordance with such rules as may be made by the Provincial Government--
(a) issue a certificate as to the identify of any person residing within such area, or
(b) verify any document brought before him by any such person, or
(c) attestany such document required by or under any law for the time being in force to be attested by a Magistrate , and until the contrary is proved, any certificate so issued shall be presumed to be correct and any document so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been fully attested as it he had been a Magistrate.
22-B: Duties of Justice of the Peace:--Subject to such rules as may be made by the Provincial Government, every Justice of the Peace for any local area shall:--
(a) on receipt of information of the occurrence of any incident involving a breach of the peace or of the commission of any offence within such local area, forthwith make inquiries into the matter and report in writing the result of his inquiries to the nearest Magistrate and to officer in charge of the nearest police station;
(b) if the offence referred to in clause (a) is a cognizable offence, also prevent the removal of anything from, or the interference in any way with, the place of occurrence of the offence;
(c) When so required in writing by a police officer making an investigation under Chapter XIV in respect of any offence committed within such local area:--
(i) render all assistance to the police officer in making such an investigation;
(ii) record any statement made under expectation of death by a person in respect of whom a crime is believed to have been committed."
(iii) In the instant case the investigation was conducted upto the level of S.P. (Investigation) and all the three I.Os. found the accused innocent. If there had been any conflict in the findings of I.Os, the petitioner would have any case for transfer of investigation. Although the police has recommended the cancellation report yet the concerned Magistrate may challan the accused disagreeing with the police findings as the same would not be binding upon him. Even if the Magistrate agrees with the police report and discharge the accused even then, the petitioner has a remedy to file a private complaint. So at this stage, the petitioner has no case for transfer of investigation. The learned Addl. Sessions Judge has rightly declined to transfer the investigation.
The impugned order is based on the appraisal of facts of the case and findings of the learned Addl.
Sessions Judge warrants no interference.
7. 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 vs. Inspector General of Police Punjab and others" (2002 P.Cr.L.J. 1613), "Fida Hussain vs. The State" (1975 SCM R 150) and "Abdul Wahid Khan vs. Government of the Punjab and others" (PLJ 1989 S.C. 508). Finding no substance in the instant writ petition, the same is dismissed in limine.