MALIK HAQ NAWAZ, J.---The instant Criminal Miscellaneous No,167/2018 has been filed by the complainant/petitioner Mussa Khan, father of deceased Sudair Abbas, who was murdered on 22- 07-2017. Some of the accused booked in the FIR No, 62/2017 of Police Station Basin were interrogated and sent to judicial lock up, who except one namely Muhammad Nabi were released on bail by this Court.
2. The petitioner claims that a jirga of the notables of the area was held and during the proceeding of jirga respondents Nos, 4 to 6 confessed their guilt before the jirga regarding murder of son of the petitioner. The petitioner stated that he submitted an application to respondent No, 2, who directed respondent No, 3 to take necessary action against the respondents Nos, 4 to 6 but SHO Police Station Basin did not pay any heed to the direction issued by respondent No, 2.
3. The learned counsel for the petitioner submitted that son of the petitioner was brutally murdered.
The complainant/petitioner is running from pillar to post for redressal of his grievances but all in vain. Lastly that respondents Nos, 1 to 3 be directed to cause arrest of the respondents Nos, 4 to 6 to meet the ends of justice. The learned counsel for the petitioner relied on PLD 2009 Karachi 209, 2000 SCMR 453, 2012 PCr.LJ 1493 and PLD 2005 Lahore 185.
4. The learned counsel for the respondents submitted that the complainant is changing his version from time to time, firstly Nabi Shah, Irfan, Wajahat Ali, Ishafaq Hussain, Kifayat Hussain, Sultan and Mst. Rabia were charged for commission of the offence. Later on when they were released on bail, the complainant again intends to throw a wide net to achieve his nefarious ends. The complainant now again tailored a self made story, which does not appeal to a prudent mind. The learned counsel for the respondent further submitted that complainant Musa Khan, who is father of the deceased got recorded his statement on 06-08-2017, wherein he nominated the accused Nabi Shah etc who were arrested, interrogated and recoveries were effected from some of the accused.
The challan against the earlier set of the accused has been submitted in the trial Court and now the case is fixed for, evidence. The allegation leveled against the accused facing trial was that Mst.
Rabia sister of one of the accused Nabi Shah was maintaining illicit relations with the deceased in support thereof telephone data of cell phone of deceased and Mst. Rabia has been made a part of the prosecution file. After over one and half year the new version of the complainant against another set of accused among whom one of the respondent/earmarked accused Sajawal remained arrested in the instant case and was released under section 169, Cr.P.C. The petition under section 561-A, Cr.P.C. is not maintainable and be dismissed, in the interest of justice. The learned counsel relied on 1999 SCMR 828, 2006 SCMR 373, PLD 1996 Lahore 58, PLD 2005 Lah. 185, PCr.LJ 1986 SC 722 and 1986 SCMR 1934.
5. Heard and record of the case perused with the able assistance of the learned counsel for both the parties.
7. The complainant in his statement recorded by the police under section 161 charged accused Nabi Shah etc, who are facing trial before the learned trial Court. During investigation police got identified the place of occurrence from the accused mentioned above in presence of Numberdar Muhammad Anwar Khan and one Azam. The identification memo of the place of occurrence has been attested by these two prosecution witnesses. The site plan which was prepared on 17-08-2017 is also in. line with the statements of prosecution witnesses. Strange enough that respondent No, 4 was arrested in the instant case, who was later on released under section 169, Cr.P.C. and has been cited as PW in the instant case.
8. Although there is no bar to carry out a fresh investigation even after submission of challan, but the circumstances of, each criminal case varies from each other and no omni bus rules could be laid down to be followed. As held in many judgments of the honourable High Courts and honourable Supreme Court of Pakistan that re-investigation is always carried out at the instance of influential people for obtaining favorable B reports, which in no way assist the Courts in coming to a correct conclusion rather it create more complications. Further the investigation of a criminal case is sole domain of police and Chief Court should not ordinarily pass orders in matter relating to the domain of police, regarding re-investigation of a criminal case until and unless some extra ordinary circumstances exist to do so.
9. In view of above the petition filed under section 561-A, Cr.P.C. c is dismissed being not maintainable.
10. File be consigned to record after completion.