; MUNIR A. SHEIKH, J.---While dealing with criminal petition under section 491, P.P.C., the learned Judge of the High Court, prima facie found that the report of arrest of detenu under section 55, Cr.P.C. Appeared to be mala fide, therefore, S.S.P., Operation, has been directed to transfer both the petitioners to Police Line and conduct an inquiry and submit a report to the Court. It has also been observed that at least for six months, the petitioners should remain in Police Line.
2. Learned counsel for the petitioners submitted that the observation by the learned Judge in Chamber of the High Court may not prejudice the inquiry on merits because the police officer who has to conduct the inquiry may not take it as a finding of the Court.
3. The apprehension is misconceived. The police officer who has to conduct inquiry shall conduct the same independently and submit his report to the learned Judge. In case, the said officer finds that the petitioners were not involved in the matter, he may also make recommendation that the order for keeping them in Police Line may be withdrawn.
4. With these observations, this petition stands disposed of.