MUHAMMAD JEHANGIR ARSHAD, J.--- This constitutional petition has been filed seeking quashment of order, dated 23-8-2005 passed by D.S.P./Range Crimes (Masood Javed), changing investigation A of case F.I.R. No,164 dated 20-4-2005 under sections 302, 324, 148, 149 and 109, P.P.C. Police Station Yousafwala and handing over the same to Abdul Majid and Israr Shah, Inspectors.
2. The facts in brief are that during course of investigation of above crime case, on the application of the complainant party dated 20-4-2005, the D.I.-G. Police, Multan-respondent No,2 vide order, dated 20-4-2005 transferred the investigation of the case to S.P. (Investigation), Sahiwal. However, on the application of the complainant-respondent No,6 the Additional Inspector-General of Police (Investigation), Sahiwal vide order, dated 30-5-2005 withdrew the investigation from S.P.
(Investigation), Sahiwal and entrusted the same to the Regional Investigation Branch, Multan, as first change of investigation. The said order of the Additional I.-G. Police was challenged before this Court by Ali Sher accused through Writ Petition No,3365 of 2005 titled Ali Sher v. D.I.-G. And others on various grounds but the said writ petition was dismissed on 27-6-2005 by my learned brother Fazal-e-Miran Chohan, J. Holding that the order dated 30-5-005 was passed in a lawful manner and in lawful exercise of jurisdiction. Pursuant to the order, dated 30-5-2005 of respondent No,1, the S.P. (Investigation), Sahiwal started investigation of the said case, when Qasim Ali complainant filed an application before the Deputy Inspector-General of. Police, Multan for the change of investigation. This application was marked by D.I.-G. Police, Multan to the D.S.P./Range Crimes (Masood Javed) who in turn handed over the investigation of the said case to Abdul Majid and Israr Shah, Inspectors. This order of Masood Javed D.S.P. Has been challenged through the instant writ petition on the ground that in terms of proviso 1st and 2nd to Article 18(6) of the Police Order, 2102 after first change of investigation by respondent No,1 on 30-5-2005 handing over the same to Regional Investigation Branch, Multan and the D.S.P. Had neither any jurisdiction to interfere in the same nor could hand over the said investigation to Abdul Majid and Israr Shah Inspectors and the only competent authority to change the investigation after its first change by Additional Inspector- General of Police, *Multan on 30-5-2005 was the Provincial Police Officer/Inspector-General of Police who could order the second change of investigation, therefore, the impugned order of the D.S.P. Was without jurisdiction and of no legal effect. Learned counsel for the petitioner in support of his case has placed reliance on the case Khizar Hayat and others v. I.-G. Punjab, etc. PLD. 2005 Lah.
470 Full Bench.' The learned Law Officer has also adopted the arguments of learned counsel for the -petitioner.
3. On the other hand, Mr. Khalid Ashraf Khan, Advocate appearing for respondent No,6 has vehemently argued that in fact the Additional Inspector-General of Police, Multan-respondent No,1 through the order, dated 30-5-2005 never entrusted the investigation of this case to any specific person, rather entrusted the same to Regional Investigation Branch, Multan and since Masood Javed, D.S.P. Was working within the domain of Regional Investigation Branch, Multan, therefore, he entrusted the investigation to Abdul Majid and Israr Shah Inspectors, which is neither violative of the provisions of Article 18(6) of the Police Order, 2002 nor the same is without lawful authority. It is further argued that at this stage it would not be appropriate to issue any direction as the investigation is almost complete and final report on the basis of the said investigation is about to be submitted before the trial Court which could not be submitted merely because of pendency of this writ petition. It is also argued by learned counsel for the respondent that petitioner wants the change of investigation in the garb of this writ petition in order to avoid the opinion recorded by Investigation Agency holding the petitioner and his co-accused accused as guilty of offence, they are charged with.
4. I have considered the arguments of learned counsel for the parties and have also gone through available record with their assistance, but have not been able to agree myself with the contention of learned counsel for the respondent that the order passed by Masood Javed D.S.P. Does not amount to change of investigation. Once in the light of order, dated 30-5-2005 passed by the Additional I.-G. Police the investigation was taken up by the Incharge Regional Investigation Branch, Multan whosoever he may be, the D.S.P. Could not further direct change of investigation of Abdul Majid and Israr Shah Inspectors, without obtaining appropriate orders from the Inspector-General of Police (Provincial Police Officer) within the meaning of proviso second to. Article 18(6) of the Police Order, 2002, and so was held by a Full Bench of this Court in Khizar Hayat and others v. I.-G.
Punjab and others PLD 2005 Lah. 470 Full Bench; at pages 564 and 565. Hence, the order dated 23- 8-2005 passed by Masood Javed D.S.P./Regional Investigation Branch, Multan entrusting the investigation of the above mentioned case to Abdul Majid and Israr Shah, Inspectors, cannot be considered as a valid and lawful order. Resultantly, this writ petition is allowed and by declaring the order, dated 23-8-2005 of D.S.P. As without lawful authority, the same is set aside. The ultimate result of this order is that the Regional Investigation Branch, Multan shall proceed with the investigation of the case in the light of the order, dated 30-5-2005 passed by Additional Inspector- General of Police, Multan; and to submit the final report under section 173, Cr.P.C. After completion of investigation without failure. So far as prayer of the petitioner for entrustment of investigation of the said case to some impartial officer outside Sahiwal District is concerned, the same cannot be considered or acceded to, the petitioner, if so advised, in this behalf may approach the competent authority under the Police Order, 2002. Disposed of.