' MUNIR A. SHEIKH, J.---The petitioner seeks leave to appeal against the judgment, dated 20-1-2003 of the Lahore High Court, Lahore, through which Constitutional petition filed by him against the order, dated 3-12-2002 of the learned Sessions Judge (ex officio justice of peace) has been dismissed.
2. A case was registered against the petitioner under sections 337-A(i)/337-L-(2)134, P.P.C. On the complaint of one Munawar Hussain at Police Station, Saddar Renala Khurd, Okara, investigation was conducted by an Assistant Sub-Inspector of Police, Renala Khurd which was subsequently transferred and entrusted to a D.S.P. The complainant of the said case made an application under section 22-A(6), Cr.P.C. Added through Amending Ordinance No,131 of 2002 w.e.f, 21-1-2002 that the Police Officer to whom investigation had been transferred, was trying to save the neck of the accused persons by showing them favour by making favourable reports.
3. The learned Sessions Judge (ex officio justice of peace) afterwas entrusted, should stop the same and send the entire record before the issuance of notice made an order that the D.S.P. To whom investigation Court.We have been informed by the learned counsel for the respondents that challan has also been submitted to the Court and thereafter 2 or 3 adjournments have also taken place. Learned counsel of the petitioner submitted that order, dated 3-12-2002 passed by the learned Sessions Judge (ex officio justice of peace) is not permissible under the law, for the said Court could transfer investigation from the one Police Officer to another but could not direct stoppage of the same permanently and submission of the record of the case to his Court.
4. In our discretion under Article 185 of the Constitution, we are not inclined in the facts and circumstances of this case to exercise discretion to grant leave to examine this question, for according to the subsequent developments, challan has also been submitted to the Court and instead of embarking upon further re-investigation of the case, it was appropriate that the case is tried by the Court and final judgment pronounced. Whatever evidence the accused persons want to produce before the Investigating Officer. They may produce before the Court.
5. For the foregoing reasons, this petition is dismissed and leave refused.