' KAZIM ALI MALIK, J.---Naeem Rizwan, petitioner got registered murder case F.I.R. No,287/2007 at Police Station Saddar Booray Wala, Distt. Vehari, against Kaleem-Ullah, Waseem Ullan and their father, Muhammad Anwar along with Allah Ditta with an allegation that they all in furtherance of common intention had committed Qatl-e-Amd of Saeed Ahmad. Muhammad Anwar, accused did not make himself available for investigation as a result of which he was declared as proclaimed offender. The investigator found the evidence deficient to the extent of Allah Ditta, accused and resultantly placed him in Column No,2 of the challan. However, Kaleem Ullah and Waseem Ullah were challaned to Court to stand trial on the charge of murder.'
2. Feeling aggrieved of the result of investigation favourable to Allah Ditta accused, the complainant made an application for transfer of investigation, which was examined by the Standing Board constituted and established under the Police Order, 2002. The Board recommended transfer of investigation. The Addl. Inspector General of Police (Investigation Branch), Punjab informed the Regional B Police Officer, Multan that the recommendation of the Board had been consigned to record as the case was subjudice.
3. The complainant has filed this constitutional petition for transfer of investigation of the murder case in the light of the recommendation of the Standing Board.
4. The challan has been submitted in Court against all the accused persons. The mere fact that the investigator exonerated Allah Ditta, accused of the charge would not absolve him of his liability to stand trial on the charge of murder. This is an established principle of law that opinion of the investigator favourable to the accused is IC neither relevant nor admissible in evidence. The question of guilt or innocence of Allah Ditta accused would be decided by the trial ' Court. Although re-investigation of a case after submission of challan is permissible but I would say that investigation after submission of challan would be meaningless. The Court of Session has already taken cognizance of the case and, therefore, re-investigation of the case would not serve any purpose. I, therefore, dismiss this petition in limine, however, with an observation that the petitioner- complainant would be at liberty to prosecute his case and case qua Allah Ditta, accused before the learned trial Court.