MUHAMMAD IRSHAD vs S.H.O., POLICE STATION, KARACHI and 3 others
This criminal miscellaneous application was filed to challenge the order of a Magistrate disposing of an FIR in 'C' Class under Sections 489-F and 506 of the Pakistan Penal Code 1860. The complainant had reported that the accused delivered cheques that were subsequently dishonoured. During the pendency of the matter, the investigation was transferred to the Investigation Zone of Police Station Gulberg by the Senior Superintendent of Police. However, a report was subsequently submitted by the original inquiry officer of Police Station Khawaja Ajmeer Nagri recommending the disposal of the case in 'C' Class, which the Magistrate accepted. The High Court held that the Magistrate's order suffered from a lack of inherent jurisdiction because the investigation had already been transferred to another forum prior to the submission of the 'C' Class report. The High Court set aside the impugned order and directed the Investigation Zone of Police Station Gulberg to conduct a proper investigation, allow the complainant to produce relevant records, and submit a final report under Section 173 of the Code of Criminal Procedure 1898.
- Whether a Magistrate can legally accept a 'C' Class disposal report from an investigation officer whose jurisdiction over the case has already been transferred to another police station?
- Does an order accepting a police report to close a case in 'C' Class suffer from a lack of inherent jurisdiction if the investigation was previously transferred to another forum by a competent authority?
- What is the proper course of action for an investigation agency when a case is transferred to a different investigation zone?
- Section 489-F, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
ORDER
1. ' MRS. QAISER IQBAL, J.---The applicant has challenged the order passed by respondent No,3 in Crime No,88 of 2007 registered at Police Station Khawaja Ajmeer Nagri, New Karachi under sections 489-F/506, P.P.C., whereby the case against the accused Malik Ashiq and Malik Janhgir was ordered to be 'disposed of in "C" Class as a result whereof F.I.R. Against accused Malik Ashiq and Malik Janhgir was disposed off in "C" Class.
2. ' Precisely the facts leading to the case are that complainant Muhammad Irshad lodged report that during the course of business accused Malik Ashiq and Malik Janhgir has delivered Cheque Nos.5788599 and CD0039833 which were dishonoured on presentation to bank.
3. ' Mr. Shafi Muhammadi learned counsel for applicant has contended that by virtue of order dated 5-7-2007 the investigation of the case was reopened and transferred to S.H.O. Gulberg Town Police Station Investigation Zone under directives issued by Senior Superintendent of Police. During the course of investigation a report was submitted by Inquiry Officer of Khawaja Ajmeer Nagri, for approval of final report in "C" Class. The learned Magistrate has proceeded to release the accused after accepting the investigation report which is not in conformity which law as the matter already stood transferred to another forum. Mr. Shafi Muhammdi has also pointed out the report of the Prosecuting Inspector Ex-Officio ADPP suggests that anomaly had occurred on account of the report that the original cheques were, not provided by complainant and on the basis of the statement of the accused that original cheques have been lost which is contrary to the record as the original cheques were delivered by the complainant to Gulberg Investigation Wing.
4. ' In view of the above circumstances learned State Counsel has conceded that the impugned order is not sustainable in law.
5. ' I have considered the arguments advanced at bar, perused the record.
6. ' There appears to be anomaly between the impugned order, and the order passed by Senior Superintendent of Police for transfer of the case which appears to be prior in time, the impugned order suffers from lack of inherent jurisdiction because the report of the Investigating Officer of Police Station Khawaja Ajmeer Nagri endorsed by Prosecuting Inspector. Ex-officio ADPP does not seem to be in consonance with law as the case already stood transferred to another Investigating Officer. Mr. Shafi Muhammadi has rightly contended that the cheques were delivered to the Investigating Wing of Police Station Gulberg, impugned order suffers from illegalities; calls for interference at this stage hereby stands set aside. Investigation Zone-III of Police Station, Gulberg is directed to investigate the case, afford an opportunity to the complainant to produce relevant record and then submit its final report in terms of section 173, Cr.P.C. Before the competent court of law for action. With the above observations Criminal Miscellaneous No,137/2007 stands allowed.