Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with P.C.O. 1 of 1999, the petitioner has challenged the order of (Inspector-General of Police, Punjab, Lahore) respondent No.1 whereby he has directed for investigation of the case bearing F.I.R. No. 97 dated 27-4-2001, under section 324, P.P.C. Despite completion of the investigation up to his own level.
2. In short, some relevant facts for the disposal of the above mentioned petition are that relating to the incident dated 27-4-2001 as incorporated in this petition the above mentioned F.I.R. Was registered with Police Station Saddar, Chakwal at the instance of Muhammad Iqbal petitioner, thereafter, the accused party cooked up a false counter--version with an allegation that after the occurrence as mentioned above, Muhammad Iqbal petitioner, Muhammad Ameer son of Nausherwan and Nisar Khan son of Zia Ullah had fired in the air. The facts of the case bearing F.I.R.
No.97 were examined by the Sub-Inspector of Police Station Saddar, Chakwal who recommended for submission of challan in respect of Muhammad Farooq accused whereas according to him the cross-- case was found to be false. The investigation was got transferred by the accused party to the S.H.O., Police Station Saddar, Chakwal whose conclusion was same i.e. To challan Muhammad Farooq and to cancel the cross --case then the investigation was got transferred to A.S.P. Sadar Chakwal but the output of the investigation remained same with this direction as well that Muhammad Iqbal petitioner alongwith Muhammad Ameer and Nisar be also challaned for separate occurrence under section 324, P.P.C. Despite of the fact that no one was injured in the alleged incident, then on application moved by the petitioner to Deputy Inspector-General of Police, Rawalpindi he directed for further investigation to S. P. Range Crime, Rawalpindi, who also directed for submission of the challan of Muhammad Farooq and with regard to counter-blast story he directed for submission of the challan under section 337-H, P.P.C. Instead of section 324.
P.P.C. Then the accused party on basis of their influence at the high level approached to Inspector- General Police, Punjab who examined the file and came to the same conclusion which was given by the D.I.-G., Rawalpindi, and when the challan was not submitted in the Court and it transpired to the petitioner that the file was again requisitioned by the I.-G. Police Punjab, Lahore through D.I.-G., Rawalpindi it resulted into tiling of the writ petition bearing No. 3477 of 2001 before this Court on which the order was passed which is as under:-- "The challan in this case has not so far been submitted. Accordingly the learned counsel thus was summoned on account of recurring investigations and there was no end to that. That after the matter was investigated by the I.-G.P. It was again reopened by the D.I.-G.P who has not been provided with full information and the background.
(2) A copy of the petition may immediately be sent to the D.I.-G.P., Rawalpindi with the direction that he may read the text of the writ petition and after holding such probe which the circumstances of the case may require and while keeping in view background of the case, multiple investigations already conducted, and also the fact that challan has not so far been submitted to proceed in accordance with law and in case D.I.-G.P. Intends re-investigation, he should first hear the petitioner before going ahead. The D.I.-G.P. Should further ensure the early submission of challan in this case.
3. On receipt of the order as mentioned above, the petitioner was, summoned by D.I.-G., Rawalpindi and informed that the file was not available in his office, so it transpired to the petitioner that the file was lying in the office of I.-G., Punjab who has sent the same for further investigation to some D.I.-G. Of the Crime Branch, Punjab at Lahore.
4. The learned counsel for the petitioner mainly argued that the petitioner is a very poor fellow and unable to bear the multiple expenditures; that the investigations in the above mentioned matters have been completed up to the level of I.-G. Police, Punjab but with mala fide intention it is being prolonged just to cause pressure upon the petitioner for compromise and that this process of repeated investigations has been condemned by the superior Courts, therefore, any further investigation to be conducted by the D.I.-G. Crime Branch at Lahore be directed to be stopped as it would be through unnecessary expenses on the petitioner because of his journey alongwith the witnesses from Chakwal to Lahore and that in fact the object is to discourage the petitioner so that he should enter into compromise. He referred to the cases reported in Qaisar Iqbal v. I.-G. Police, Punjab and 3 others 2001 PCr.LJ 320, Muhammad Yousaf v. Inspector --General of Police and 4 others PLD 1997 Lahore 135, Muhammad Siddique Rana v. D.S.P. And others NLR 1999 Criminal 31, Ch. Shah Muhammad, Inspector, C.I.A. And another v. Mst. Ramzan Bibi and 2 others NLR 1998 Criminal 204 and Raja Rustam Ali Khan v. Muhammad Hanif and others 1997 SCM R 2008 in support of his arguments.
While the learned Assistant Advocate-General appearing on behalf of the State suggested if the investigation of this case is to be conducted, then the D.I.-G. Crime Branch at Lahore be directed for its conduct in District Chakwal so that the parties may not face unnecessary expenses as it is admitted position that for obtaining the favourable opinion the parties have to carry their witnesses before the Investigating Officer.
5. In fact the point for examination is as to what is the legal remedy available in the bitter situation as discussed above, when in accordance with the wish of the parties the investigations are transferred from one agency to another. The answer to this proposition is very simple for the reason that the relevant provisions of law are not followed by the competent authorities in the Police Department under this impression that there is no check on their activities whereas this impression is wrong because there is a control over their activities of allowing repeated investigations as provided in section 173, Cr.P.C., the relevant parts of the same are as under:--
173. Report of Police Officer.--- Every investigation under this Chapter shall be completed without unnecessary delay, and as soon as it is completed, the officer in charge of the police station shall (through the Public Prosecutor)---
(a) forward to a Magistrate empowered to take cognizance of the offence on a police report, a report, in the form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and if so, whether with or without sureties, and
(b) communicate, in such manner as may be prescribed by the Provincial Government, the action taken by him to the person, if any by whom the information relating to the commission of the offence was first given.
"Even 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, Cr.P.C. 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 obvious that the investigation is to be completed within a period of 14 days from the date of recording of the first information report that 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 and that the Court shall commence the trial on the basis of such an interim report. Meaning thereby the Illaqa Magistrate (Judicial) has control over the conduct of investigation of the cases registered at the police station within his jurisdiction. In fact the conduct of repeated investigations is due to lack of interest on the part of the Illaqa Judicial Magistrate otherwise it is the duty of the Illaqa Judicial Magistrate to check as to why the interim report is not being sent in the case registered at the police station within his jurisdiction. If section 173, Cr.P.C. Is perused again and again, it speaks about the control of the Judicial Magistrate over the conduct of investigations as he is the only authority to ask as to why the report is not being submitted.
7. Actually it happens that the learned Illaqa Judicial Magistrate while feeling himself a little fish does not see as to what are his powers provided by section 173, Cr.P.C., therefore, when the District and Sessions Judge of the District is active in his administration he can encourage his subordinate, Judicial Magistrate for having the compliance of the provisions of section 173, Cr.P.C. Otherwise the situation would remain the same, that even the interim report would not be sent by the incharge of the police station in every case. Now here in the instant case during arguments it transpired that despite passing of about one year the interim report was not sent by the local police. On interim report sent by the local police to the Illaqa Judicial Magistrate the learned Illaqa Judicial Magistrate may have decided to commence the trial and in this way the petitioner could be saved from the financial burden of travelling hither and thither.
8. In view of above, the proper course is that the learned District and Sessions Judge, Chakwal be directed to hold an inquiry either by himself or by any Senior Additional District and Sessions Judge to find out as to who was responsible for not having submitted the interim report as required under section 173, Cr.P.C. He shall also recommend for an action against the defaulter.
9. In future, all the learned Judicial Magistrates in District Chakwal shall check the compliance of the provisions of section 173, Cr.P.C. In true spirits and at the end of the month report shall be sent to District and Sessions Judge, Chakwal for onward transmission to Deputy Registrar (Judicial) of this Court for further action.
10. Since the interim report has not been sent by the local police in the instant case so far the learned District and Sessions Judge, Chakwal shall order for submission of the same within shortest possible time and in case his order is not complied he shall submit his report to this Court immediately.
And in case the learned Sessions Judge, Chakwal and his subordinates, Judicial Magistrates have been found negligent in this exercise, strict action in accordance with law shall be taken against them. Even the learned District and Sessions Judge shall inform to all the Police Officers through S.P., Chakwal that non-compliance of this order may amount to suo motu action for contempt.
11. Copy of this order shall be sent to learned District and Sessions Judge, Chakwal for compliance.
With these directions, this petition stands disposed of.