SHAIKH ABDUR RAZZAQ, J.- It is stated by learned counsel for the petitioner that as a result of order dated 5.3.1998, the investigation has not been conducted by DSP, Nankana Sahib and the same has been finalized by DSP Sangla Hill. He states that he does not press the petition and the same be disposed of having fructified.
C.M. 3/1998 2. It is stated by learned counsel for the petitioner/respondent No. 6 that as a result of order dated 5.3.1998, the investigation was again entrusted to DSP, Sangla Hill who initially investigated the case after investigation was transferred from DSP Nankana Sahib. He further states that as DSPs, Nankana Sahib and Sangla Hill have not conducted the investigation impartially, so any third DSP of Sheikhupura Tehsil be ordered to investigate the instant case.
3. The instant writ petition was filed by Zulfiqar A.I petitioner wherein he showed his lack of confidence upon DSP, Nankana Sahib from whom the investigation was transferred to DSP, Sangla Hill. His contention was that after the investigation was transferred from DSP, Nankana Sahib the I.G.
Had again transferred the same to him after withdrawing the same from DSP, Sangla Hill. Now learned counsel for the writ petitioner does not press the petition and stands satisfied with the investigation which has been conducted by DSP, Sangla Hill. The record shows that DSP, Sangla Hill has found the report of the complainant as false and has submitted his report for cancellation. The complainant (respondent No. 6) has now filed instant civil miscellaneous with a prayer that investigation now be neither entrusted to DSP, Nankana Sahib nor to DSP, Sangla Hill and the same be entrusted to a third independent and impartial Police Officer.
4. Since the investigation was initially conducted by DSP, Nankana Sahib and was later on conducted by DSP, Sangla Hill and the writ petitioner felt aggrieved of its transfer again to DSP, Nankana Sahib and vide order dated 5.3.1998 DSP, Nankana Sahib was restrained from investigating the case, so the same has now been finalized by DSP, Sangla Hill. The investigation having been finalized as per report dated 3.6.1998 of the DSP, Sangla Hill, if respondent No. 6 Mushtaq Ahmad (complainant) feels aggrieved of the said investigation, he can approach this Court or higher authorities of the department independently but not through this CM. The instant civil miscellaneous being not maintainable, is disposed of.