ORDER
SHEET
THE
HIGH COURT OF SINDH AT KARACHI
C.P.No.D-5687
of 2021
DATE ORDER WITH SIGNATURE OF
JUDGE
Before:
Mr. Justice
Mohammad Karim Khan Agha
Mr. Justice
Irshad Ali Shah
1.
For
orders on Misc.No.23904/2021
2.
For
orders on office objection No. 18 & 26
3.
For
orders on Misc. No.23905/2021
4.
For
orders on Misc. No.23906/2021
23.09.2021
Mr. Muhammad Arif Advocate for the petitioner
-.-.-.-.-.-.
It
is contended by learned counsel for the petitioner that the investigating
officer of FIR Crime No.909 of 2021 under Sections 420/468 PPC of PS KIA
Karachi by misusing his authority has declared the witnesses of the above said
case as accused and has submitted challan against them before the Magistrate
having jurisdiction, which is illegal, therefore, the such Magistrate to be
restrained from taking cognizance of the offence on such challan and
investigation of the subject case to be entrusted to an honest police officer.
We
have learned counsel for the petitioner and perused the record.
Neither
a court of law/Magistrate could be restrained from discharging its/his lawful
duty from passing an order on a police challan submitted before it nor the status
of the accused being witness or otherwise could not be determined by this Court
in exercise of its constitutional jurisdiction. Consequently, the instant
petition being misconceived is dismissed in limine together with pending
applications.
Needless to
state that the petitioner may seek transfer of the investigation of subject
case on the basis of well-founded accusation, if it is pending with the
investigating officer in accordance with law.
JUDGE
JUDGE