' The petitioner, through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeks a direction to the Superintendent of Police, Range Crimes Branch, Punjab, Lahore to the effect that he should prepare a report under section 173, Cr.P.C. On the finalization of the investigation of the case F.I.R. No,287/92, dated 31-8-1992 registered with Police Station, Khurrianwala, Faisalabad under section 440/378/148/149. The prayer is made that the said Police Officer be given a direction for submission of challan in the Court of competent jurisdiction. The aforesaid case was registered on the written complaint of Muhammad Nasrullah, the petitioner here in.
2. I have heard the learned counsel for the respective parties and have also given anxious considerations to the facts and the circumstances of the case.
3. The investigation of the aforesaid case was initially conducted by Allah Ditta, S.I. Of the said police station and he found all the accused persons involved in the crime. The investigation, thereafter, was got transferred by the accused party and the same was entrusted to Abdul Majeed, S.I./S.H.O. Police Station Satiana on 4-9-1992.
4. The perusal of the record indicates that the file of the aforesaid case remained with the S.H.O., Police Station, Satiana up to 13-9-1992. He had not yet proceeded with the investigation when it was again transferred from him under the orders of the Deputy Inspector-General of Police at the instance of the accused party and was entrusted to Nasir, S.I./S.H.O. Police Station, Khurrianwala, District Faisalabad. The Deputy Inspector-General of Police, Faisalabad Range, Faisalabad, once again made an order at the instance of the complainant party transferring the investigation to the Range Crime, Faisalabad. The investigation thereafter was conducted by Zulfiqar, Inspector, Range Crime, Faisalabad. The Deputy Inspector-General of Police again made an order handing over the investigation to the Superintendent of Police, Range Crime, Faisalabad. He found all the accused persons involved in the case and directed the concerned Police Officer to prepare-the challan for its onward transmission to the trial Court. The challan was accordingly prepared. The investigation once against was got transferred by the accused party and the same was entrusted to the Crime Branch, Lahore under the orders of the Inspector-General of Police, Punjab, Lahore. The file was entrusted to Ahmed Yar Superintendent of Police, Crime Branch, Lahore. He opined that since the civil suit pertaining to the 5. ' disputed property is pending in Civil Court, he has stopped his hands to proceed with the matter.
He also opined that the criminal case was to remain pending awaiting the decision of the Civil Courts.
' The Superintendent of Police, Crime Branch, Punjab/Investigating Officer was sent for. He entered appearance in pursuance of the order of this Court. He has stated that the investigation is complete in all respects of it but he has kept it pending till the decision of the Civil Court regarding the same property which is subject-matter of the criminal liability.
The case was registered under the mandatory provisions of section 154, Cr.P.C. And thereafter the same was investigated thoroughly under the provisions of law. The Investigating Officer on the conclusion of the investigation has to reach two conclusions; one under section 169, Cr.P.C. Which reads as follows:-- "If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police station, or to the Police Officer making the investigation that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report and to try the accused or send him for trial." ' and second conclusion of the Investigating Officer would be as contemplated under section 170, Cr.P.C. Which reads as follows:-- "If, upon an investigation under this Chapter, it appears to the Officer-in-charge of the Police Station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or send him for trial or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
(2) When the Officer-in-Charge of a Police Station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.
' If the Court of the District Magistrate or Sub-Divisional Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
' The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report."
A mere reading of the aforesaid two sections makes it abundantly clear that the Police Officer is bound to prepare the final report on the conclusion of the investigation either -under section 169, Cr.P.C. Showing that sufficient material was not available against some of the accused persons or of all the accused. He shall place their names in column 2 of the prescribed form or he is to prepare a report contemplated in section 170, Cr.P.C. Showing sufficient material against the accused placing their names in column 3 of the said form under section 173, Cr.P.C. The Investigating Officer shall have to submit the report within 14 days from the registration of the case.
' In this view of the matter, I am fully convinced that the Police Officer is neither competent to withhold the file with him nor this power can be given to him to adopt the role of the Court. It is only for the trial Court to look into the material and to pass an order either to agree with the report made by the Investigating Officer or to disagree with the report prepared by the said Police Officer under section 173, Cr.P.C. The trial Court could decide, either it is to proceed with the matter or to keep it pending awaiting the decision of the Civil Court.
' In view of what has been discussed above, I am pursuaded to hold that the opinion/order of the Superintendent of Police, Crime Branch, Punjab, Lahore/Investigating Officer is illegal and without lawful authority. He is directed to send back the file of the aforesaid case to the concerned Police Officer with a direction for the preparation of the report under section 173, Cr.P.C. According to his investigation forthwith. The S.H.O. Of the concerned Police Station shall immediately after preparing the report, submit the same before the trial Court.