' Abdul Sattar petitioner through this writ petition prayed that D.I.-G. Police, Dera Ghazi Khan respondent No,1 be directed to withdraw the investigation of the case from respondent No,3 and to entrust the same to Range Crimes Branch, Dera Ghazi Khan or to some other higher Police Officer.
2. It is submitted by the learned counsel for the petitioner that F.I.R. No,4/94, dated 14-1-1994 of Police Station Jamal, District Muzaffargarh under section 16/10 of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) was registered on the statement of the petitioner against Manzoor Hussain and others who abducted his sister Mst. Sakina Mai on 12-1-1994 at Fajar Wela. Also submitted that investigation was conducted by S.H.O. Of the police station and found accused- respondents guilty.
3. The grievance voiced is that D.S.P., C.I.A. Muzaffargarh who is presently entrusted with the investigation of the case has declared Manzoor Hussain and Mst. Sakina Mai as guilty and other respondents were found innocent by him. The learned counsel submitted that the opinion of the D.S.P., C.I.A. Was mala fide and is not based upon substantial material.
4. I have considered the submissions made by the learned counsel for the petitioner and the contents of the F.I.R. It is clearly mentioned in the F.I.R. That Manzoor Hussain accused abducted Mst. Sakina Mai on account of his illicit intimacy with Mst. Sakina Mai. This narration in the F.I.R. Is self-speaking and would refrain from passing any remarks lest it may prejudice the case of the prosecution.
5. The issuance of direction for the fresh investigation would amount to cause further delay in conclusion of the investigation and would be against the spirit of section 173(1), Cr.P.C. Which provides that every investigation under this Chapter shall be completed without unnecessary delay..." Vide Act XXV of 1992 which was enforced on 12-12-1992 a new proviso was added which reads:-- "Provided that, where investigation is not completed within a period of fourteen days from the date of recording of the first information report under section 154, the officer-in-charge of the police station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial should not so commence."
6. It is clear from the above provision of law that the legislators intend that the investigation should be completed at the earliest. The trial should commence soon after the expiry of 15 days of the registration of the case under section '54, Cr.P.C.
7. The superior Courts of Pakistan have not appreciated the frequent transfer of investigation which causes delay in the conclusion of investigation. The case was registered on 14-1-1994 and it would not be appropriate to ask for initiation of fresh investigation after such a long period. The opinion of the Police Officer is irrelevant to find out the guilt or innocence of the accused. The petitioner has alternate remedy of filing a complaint before the Court of competent jurisdiction, if not satisfied with the result of the investigation.
' For what has been stated above, this petition has no merits which is accordingly dismissed in limine.