' WAN MUHAMMAD NAJAMUZ-ZAMAN, J.---Petitioner is complainant of case F.I.R. No,419/98 dated 5- 9-1998 for the offence under section 409 P.P.C. Registered at Police Station North Cantt., Lahore.
During the trial it was brought to the notice of Special Judge, Anti-Corruption, Lahore that the investigation of this case was conducted by the local police and not by the Anti-Corruption Establishment and the learned trial Court A while keeping in view the said circumstances of this case vide order dated 6-4-2006 directed that the matter be reimestigated by the Anti-Corruption Establishment, Lahore and submit report under section 173, Cr.P.C. Through this constitutional petition legality of the said order has been challenged on the grounds that in case titled Shafaqat Hussain and another v. Malik Sarfraz and another (2000 PCr.L.J 1995), the Division Bench of this Court has already held that if the investigation is conducted by the ordinary police qua the offence falling within the Schedule of West Pakistan Anti Corruption Establishment Ordinance, 1961, the said investigation is valid one and proceedings cannot be quashed. Learned counsel representing the respondent while conceding to the proposition already settled by the Division Bench of this Court submits that the impugned order is not sustainable.
2. I have observed that the impugned order was passed at the fag end of the trial when the statements of the prosecution evidence had already been recorded and the matter was fixed for recording the statements of accused under section 342 Cr.P.C. Be that as it may, in the light of the decision by the Division Bench of this Court (supra), the impugned order is not sustainable, the same is set aside. Trial Court is directed to proceed with the matter and decide the same on merits as early as possible. Disposed of.