“5. We have heard the learned counsel for the
parties and perused the available record. Learned
counsel for the petitioner while arguing the
matter before the learned Division Bench, seized
of the Intra Court Appeal No.288 of 2013,
admitted in clear terms that the challan was
submitted in court at least two months prior to the
transfer of investigation at that time charge had
also been framed against the accused by the
learned trial Court. The trial had also
commenced at the time of transfer of
investigation, as such, the order for transfer of investigation at that belated stage was not
sustainable in view of the law laid down by this
Court in the case of Muhammad Nasir Cheema v.
Mazhar Javaid and another PLD 2007 SC 31). In
such circumstances learned Single Judge in
Chamber had rightly accepted the Writ Petition
filed by respondent No.6 and had committed no
illegality or material irregularity and we also find
no jurisdictional defect in the said order. The
learned Division Bench had also dismissed the
Intra Court Appeal for valid reasons which
findings cannot be interfered with by this Court
in its constitutional jurisdiction under Article 185
of the Constitution.
6. The resume of the above discussion is that we
find no merit in this petition which is hereby
dismissed. Leave refused.”
2014 SCMR 1499
Used In Judgment of
Lahore High Court
Criminal Proceedings
184292/18
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