1. ' NASIM HASAN SHAH, J.--This is a petition seeking leave to appeal against the judgment, dated 6- 12-1988 passed by a Division Bench of the High Court of Sind at Karachi in Constitutional Petition No, D-1226 of 1988.
2. ' The petitioner in his Constitutional petition had prayed that F.I.R. No,194/88 under section 419/420/406/468/471/34, P.P.C. Relating to Police Station Mitha Dar Karachi (South) and the consequent investigation thereon be declared as without lawful authority being based on mala fides and, therefore, of no legal effect. It was further prayed that the respondent be restrained from taking further proceedings in respect of the said F.I.R. Or to arrest the petitioner or his sons.
3. ' The learned Judges of the High Court rejected the petition observing:- "It is well settled law that the Court will not stifle the very investigation. In the case of Shahanaz Begum v. Hon'ble Judges of the High Court of Sind and Baluchistan PLD 1971 SC 677 their lordships have held: "The power to issue the direction cannot be invoked where investigation has already commenced in accordance with law by authorities competent to investigate under the Criminal Procedure Code nor does the power to "Direct" include the power to "transfer" from one competent investigation agency to another".
4. ' This would be unwarranted interference with the investigation which has been disproved by the Judicial Committee of the Privy Council in the case of Emperor v. Khawaja Nazir Ahmad AIR 1945 P C 18."
5. ' Mr. Faiz Muhammad Bhatti, learned counsel for the petitioner, in support of this petition for leave, has drawn our attention to the following observations of this Court in Shahanaz Begum's case PLD 1971 SC 677 at page 693:- "If an investigation is launched mala fide or is clearly beyond the jurisdiction of the investigating agencies concerned, then it may be possible for the action of the investigating agencies to be corrected by a proper proceeding either under Art. 98 of the Constitution of 1962 or under the provisions of Section 491 of Criminal Procedure Code, if the applicant is in the latter case in detention."
6. On being asked to show on what material it was contended that the investigation had been launched mala fide or that it was clearly beyond the jurisdiction of the investigating agency concerned he was unable to give any relevant or coherent answer.
7. ' No ground for interfering with the order of the High Court has been shown. This petition, therefore, fails and is accordingly, dismissed.