Change of Investigation.

 Neither the Code nor the Police Rules, 1934, provide any procedure for transfer of investigation of a criminal case from one police officer to the other. This lacuna came to be exploited so when the Police Order 2002 was promulgated to reconstruct and regulate the police,1 certain provisions were made to rectify the situation. However, the Police Order (Amendment) Act, 2013 (XXI of 2013), enacted Article 18A and introduced a new regime for transfer of investigation of criminal cases. Article 18A(1) stipulates that the first application for transfer of investigation should be made to the Head of District Police. He shall seek opinion of the DSB thereon within seven working days and then pass an appropriate order giving reasons therefor. Article 18A(2) provides that if the Head of District Police has decided an application for transfer of investigation, the Regional Police Officer may, within seven working days of the filing of an application, after obtaining opinion of the Regional Standing Board (RSB) and for reasons to be recorded in writing, transfer the investigation of a case to another officer or a team of officers who are equal to or higher than the rank of the previous officers. Article 18A(3) states that when the Regional Police Officer has decided an application as aforesaid, the Provincial Police Officer would be the final authority. He may, within thirty days of filing of an application, after obtaining opinion of the Standing Review Board, transfer the investigation if he deems fit. Article 18A(4) enjoins that a case under investigation with a District Investigation Branch may only be transferred to another officer or a team of officers of the District Investigation Branch, Regional Investigation Branch or Provincial Investigation Branch. Article 18A(5) describes the composition of the DSB, RSB and the Review Board.

It is important to note that Article 18A only prescribes three forums before which an application for transfer of investigation may be made. It is a separate matter whether the authority accepts or rejects it. Article 18A does not talk of “first”, “second” and “third” change of investigation as we generally hear. It is a misnomer which must be avoided.

The question as to whether investigation can be changed or, to put it in another way, whether a case can be reinvestigated or further investigated after the submission of final report under section 173 Cr.P.C. (and, more particularly after the accused is/are indicted) is quite contentious. There are two streams of decisions of the Hon’ble Supreme Court on this point. It is trite that in such eventuality the one rendered by the Larger Bench prevails.

It is true that at times reinvestigation or further investigation may bring on record conflicting evidence and contradictory opinions of the police officers. In such eventuality it is the duty of the court to evaluate them in accordance with the established principles of criminal jurisprudence and rules of evidence to reach a correct decision.

Writ Petition No. 21663 of 2021
Afzal Ahmad Vs. City Police Officer, Faisalabad, etc.
Date of hearing 21.03.2022