Full Judgment Text & Judicial Ruling

2005 M L D 945

2005 M L D 945 [Lahore] Before Khawaja Muhammad Sharif, J MUHAMMAD ASHRAF---Petitioner versus ADDITIONAL SESSIONS JUDGE, LAHORE and 5 others---Respondents Writ Petition No.12648 of 2004, decided on 28th July, 2004.

Criminal Procedure Code (V of 1898)--- ----Ss.156 & 157---Constitution of Pakistan (1973), Art.199---Constitutional petition---Investigation---Transfer of investigation---Power of---Sessions Judge and Addl. Sessions Judge could transfer investigation from one Investigating Officer to another Investigating Officer and could order for registration of case. Main Khan and others v. I.G. Police PLD 2002 Lah. 619 ref. Mian Shahid Ameen for Petitioner.

ORDER Early in the morning learned counsel for the petitioner had stated that learned Addl. Sessions Judge had no authority to transfer the investigation and that Mst. Kaneez Bibi was an aggrieved lady. I had asked him to go through the judgment passed by the Hon'ble Chief Justice reported in PLD 2002 Lah. 619 titled as Mian Khan and others v. I.G. Police in which it was held that learned Sessions Judge and learned Addl. Sessions Judge can transfer the investigation from one Investigating Officer to any other Investigating Officer and also can order for registration of case, so the first contention of the learned counsel for the petitioner is without force. The second contention of the learned counsel is also without force because Mst. Kaniz Bibi is mother of Mst. Shazia the victim. In this view of the matter, this petition is dismissed.

H.B.T./M-965/L Petition dismissed.

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