' MALIK SAEED EJAZ, J.---Through the instant petition, the investigation entrusted to Rizwan and Israr Shah both Inspectors from Regional Investigation Branch, has been challenged on the ground that S.S.P, Regional Investigation Branch, had no power to change the investigation after entrustment of the same to Abdul Majeed Inspector pursuant to the order of the Additional I.-G., Investigation Branch, Lahore dated 24-3-2007.
2. The facts of the case are that investigation of case F.I.R No,146/06 under sections 302/109/34, P.P.C. Registered with Police Station Budhla Santt, Multan, was entrusted by the Additional I.G.
Investigation Branch, Lahore, vide order dated 24-3-2007 to the Regional Investigation Branch, Multan on the application of Mushtaq Ahmad petitioner and the S.S.P. Regional Investigation Branch while exercising his power and implementing the order of the Additional I.G., Investigation Branch, Lahore entrusted the investigation to one Abdul Majeed Inspector on 4-4-2007 vide Zimni No,17, who initiated investigation, but thereafter, on the application of the petitioner the S.S.P, R.I.B.
Withdrew the investigation from Abdul Majeed Inspector and entrusted the same to Rizwan Inspector from Regional Investigation Branch on 5-6-2007, which was in progress when respondent Altaf filed an application to the S.S.P. Regional Investigation Branch showing his dissatisfaction over the investigation being conducted by Rizwan Inspector and this request of Altaf respondent was acceded to by the S.S.P., R.I.B. And consequently the investigation was withdrawn from Rizwan Inspector and entrusted to Israr Shah Inspector from Regional Investigation Branch on 2-2-2008 vide Zimni No,34, who declared the nominated accused innocent and sent the file to the S.H.O. Of the concerned Police Station for tracing out the Actual culprits.
3. Learned counsel for the petitioner submits that S.S.P.-R.I.B. Had no authority to change the investigations without getting orders from the Additional I.-G. Investigation after the recommendations of the District Standing Board as such, transfer of investigation from Abdul Majeed Inspector to Rizwan Inspector and thereafter to Israr Shah Inspector is illegal, thus liable to be set aside. Learned counsel in support of his contention has placed reliance on precedence "Abdur Razzaq v. The State and others (2006 PCr.LJ 1998) and "Alam Sher v. Additional Inspector- General of Police (Investigation), Punjab, Lahore and 5 others (2007 PCr.LJ 1170).
4. On the other hand, learned counsel for the respondent submits that since the investigation had been transferred by the Additional I.G. Investigation to the Regional Investigation Branch and not to an individual, therefore, the S.S.P-R.I.B had the power to change the investigation from one of his subordinates to another. It is further argued that since the S.S.P. Is head of the Regional Crimes Branch, as such, it will be presumed that investigation was entrusted to him and he may seek help from his subordinates, therefore, the investigation conducted by Abdul Majeed Inspector, Rizwan inspector or Israr Shah Inspector shall be presumed to have been conducted by the S.S.P. R.I.B.
5 . I have considered the respective arguments of learned counsel for the parties and have also perused the record.
6. From perusal of the order dated 24-3-2007 passed by the Additional I.-G. On the recommendations of the District Standing Board, it reveals that investigation of the case was transferred to the S.S.P. R.I.B. And the S.S.P. Pursuant to the said order of the Additional I.-G.
(Investigation), Lahore, entrusted the investigation to Abdul Majeed Inspector of the Regional Investigation Branch. On consideration of the arguments advanced by learned counsel for the parties, the question arose whether the S.S.P.-R.I.B. On the basis of the order of the Additional I.-G, had the authority to keep on changing in investigation from one Inspector to the other? This Court in the case "Alam Sher v. Additional Inspector Central of Police (Investigation), Punjab Lahore and 5 others" (2007 PCr.LJ 1170), has held as under:-- "Once in the light of order passed by Additional I.-G. Police, the investigation was taken up by the Incharge Regional Investigation Branch, D.S.P., could not further direct change of Investigation to other Inspector, without obtaining appropriate order from Inspector-General of Police (Provincial Police Officer) within the meaning of proviso Second to Art.18(6) of Police Order, 2002."
' In the light of the above case-law, I am fully convinced that S.S.P. Regional Investigation Branch, once having exercised his power to entrust the investigation to Abdul Majeed Inspector pursuant to the order of the Additional I.-G. Became functus officio and on the basis of the same single order of the Additional I.-G, he could not withdraw the investigation from Abdul Majeed and to entrust the same to Rizwan Inspector and thereafter, even to withdraw the investigation from Rizwan and handover the same to Israr Shah Inspector, though all of the same Branch. As such, subsequent orders of the S.S.P. R.I.B. Entrusting the investigation of the case to Rizwan and then to Israr Shah Inspectors, are totally illegal and unwarranted, as such the investigation conducted by Rizwan and Israr Shah Inspector also cannot be sustained in the eye of law. Resultantly, by disposing of this writ petition, both the investigations conducted by Rizwan Inspector as also Israr Shah Inspector, are declared illegal, without lawful authority and of no legal effect. As regards the contention of learned counsel for the respondent to the effect that investigations conducted by the Inspectors shall be presumed to have been conducted by the S.S.P. Regional Investigation Branch, is not tenable in all and thus being erroneous the same is repelled.
7. As before the passing of the subsequent impugned orders by the S.S.P. R.I.B., the investigation was with Abdul Majeed Inspector, who reportedly is still posted in the Regional Investigation Branch therefore, said Investigation Officer is directed to hear the concerned parties, record their versions, collect documentary evidence (if produced) and then finalize the investigation under the supervision of the S.S.P. R.I.B., strictly in accordance with law, without being prejudice or influenced by the earlier illegal orders of S.S.P. Regional Investigation Branch or even the result of investigation illegally conducted by Rizwan Inspector and Israr Shah Inspector. The investigations shall now be finalized by Abdul Majeed Inspector within a period of two months, of receipt of this order. However, it is made clear that in case any party reels dissatisfaction over the conduct of investigation by said Abdul Majeed, the concerned party may move application through proper channel and in such an eventuality the District Standing Board shall decide such application within fifteen days of such move, positively strictly in accordance with law.
8. At this stage, it has been pointed out that investigation now is being conducted by the local police on the directions of the S.S.P. Regional Investigation Branch. I am afraid once the impugned orders of the S.S.P. R.I.B. Withdrawing the investigation from Abdul Majeed Inspector and entrusting the same to other Inspectors, have been set aside by this Court, the investigation so conducted by the local police also being illegal, is set aside. The sub-Inspector present in Court shall place the file before the S.S.P., Regional Investigation Branch, for compliance of this order.
9. With above observations and directions, this petition is disposed of.