Through this petition, the petitioner has challenged the second investigation conducted by Nisar Ahmad Bhatti, S.I. being in violation of Article 18(6) of the Police Order, 2002 in case F.I.R. No, 238 of 2006 for offence under Section 10, Offence of Zina (Enforcement of Hudood) Ordinance VII of 2979, registered at Police Station Saddar Chicha Watni, District Sahiwal.
2. The petitioner, who is the complainant, lodged the aforesaid F.I.R. to the effect that his daughter aged 14/15 years was subjected to rape by one Muhammad Riaz with the assistance of Muhammad Sharif, Bilqees Bibi and Zubaida Bibi. After registration of the F.I.R., investigation was entrusted to one Muhammad Amin, S.I. who found all the accused guilty. Subsequent thereto, Nisar Ahmad Bhatti, S.I. conducted the investigation in the case and declared all the accused persons innocent except Muhammad Riaz against whom challan was submitted in the Court of the learned Additional Sessions Judge, Chicha Watni. According to the learned counsel, the second investigation conducted by Nisar Ahmad Bhatti, S.I. was in complete violation of the Police Order, 2002.
3. The' learned Assistant Advocate General on instructions stated that challan in the case had been submitted and the trial had commenced, therefore, the petition was not maintainable as the petitioner had an alternate remedy available to him before the learned trial Court.
4. I have head the learned counsel for the petitioner, learned Assistant Advocate General and gone through the documents placed on the file.
5. Initially the investigation was conducted by Muhammad Amin, S.I. (Investigation), Police Station Saddar Chicha Watni, who inspected the spot and recorded the statements of witnesses as well as the victim Mst. Asima Bibi. The accused Riaz was arrested and sent to Jail on the basis of the investigation in which all the other accused named in the F.I.R. had also been found to be implicated in the crime. The S.H.O. Police Station Saddar Chicha Watni prepared incomplete challan on 4.8.2006 against Muhammad Riaz and initiated proceedings under Section 87 Cr.P.C. against the remaining accused. In the meanwhile, Muhammad Amin was transferred from Police Station and Nisar Ahmed Bhatti, S.I. (Investigation), the new incumbent took over the investigation of the case. He associated both the parties with the investigation as well as respectable of the locality and after a thorough probe found that Mst. Zubaida Bibi and Muhammad Ashraf accused were innocent and subsequently, Mst. Bilqees accused was also declared innocent. The investigation thereafter was taken over by Sub-Inspector Liaqat Ali on transfer of Sub-Inspector Nisar Ahmed.
6. The investigation conducted by Nisar Ahmed, S.I. has been challenged by the petitioner on the ground that the same has been transferred in violation of the provisions of Article 18(6) of the Police Order, 2002. The contention of the learned counsel for the petitioner is totally baseless as the earlier Investigating Officer was transferred and Nisar Ahmed., S.I. had taken over the investigation on being posted in his place. On transfer of Nisar Ahmad, Si. the investigation was taken over by Liaqat Ali, S.I., who finalized the same. From the foregoing it is evident that the investigation of the case was never transferred to Sub Inspector Nisar Ahmed who resumed investigation of the case on being posted in the place of the first investigating officer. Therefore, the question regarding violation of the provisions of Article 18(6) of the Police Order, 2002 in the given circumstances does not arise. Further challan in the case has been submitted in the Court and the trial is in progress.
The complainant may, if not satisfied with the investigation of the case, prefer a private complaint against the accused who have been declared innocent by the police or produce convincing evidence against the said accused before the learned trial Court which is competent to summon the accused if sufficient material is available on the record to connect them with the crime.
7. For what has been stated above, I find no merit in this petition which is dismissed.