WALI MUHAMMAD Alias WALIA vs HAQ NAWAZ AND 3 Other — 1971 SCMR 717

Citation: 1971 SCMR 717

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-10-29

Parties: WALI MUHAMMAD Alias WALIA vs HAQ NAWAZ AND 3 Other

Headnotes

Case cited as 1971 SCMR 717

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: WALI MUHAMMAD Alias WALIA vs HAQ NAWAZ AND 3 Other Case No.: Criminal Appeal No. 15 of 1970 Criminal Miscellaneous No. 5424 of 1969 Date of Judgment:1971-10-29 Reported As: 1971 SCMR 717 Result: Order accordingly Judgment ORDER SALAHUDDIN AHMED, J.-This appeal by special leave is from two orders of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore, passing an interim order and dismissing the appellant's Miscellaneous Application wherein he challenged the jurisdiction of the High Court to interfere with the investiga--tion of the case by a Police Officer under the Code of Criminal Procedure. Facts pertinent to the decision of this appeal are as follows :- On the complaint of the appellant a case under section 457/ 380/411 of the Pakistan Penal Code was registered against respondents Nos. 1 to 3 at Police Station, Mian Channu, District Multan. While the complaint was being investigated by the Station House Officer, respondent No. 1, Haq Nawaz, moved the High Court under clause 22 of the Letters Patent for transfer of the investigation to the Crime Branch, Lahore on allegations of partiality on the part of the Investigating Officer. The learned Single Judge of the High Court on 30-9-1969 passed the following interim order :-- "Send down a copy of this petition to the I.-G. Police, West Pakistan, asking him whether in face…

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