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Writ Petition No. 2257 of 1975, decided on 19th September, 1975.

‑‑‑Ss.154 to 176‑‑Provisional Constitution Order (1 of 1981), Art. 9‑ Police Rules, 1934, r. 25.2‑‑Investigation‑‑Statement of witnesses‑‑A Police Officer is authorised to record statements of witnesses but he cannot force any of witnesses to make a statement other than one which such witness voluntarily likes to make‑‑Police Officer if desiring to record statement of petitioner he should send a written requisition as required under law.‑‑[Investigation‑‑Witness].

Dilshad Islam v. Punjab Province P L D 1975 Lah. 521 rel.

‑‑-Art. 9‑‑Criminal Procedure Code (V of 1898), Ss.154 to 176‑ -Investigation‑‑Investigation can be transferred by order of Inspector General of Police and no exception could be taken thereto; yet frequent transfers of investigations, held, not conducive to better administration and at time frustrate end of justice.‑‑[Investigation].

Hassan Ahmed Khan Kanwar for Petitioner.

The petitioner feels aggrieved by the alleged conduct of respondents 1 and 3 who, according to her, are forcing her to make statement contrary to the true facts.

2. It is not possible for me to comment on the veracity of this statement. I would, however, like to observe that the police is required under Chapter XIV, Cr.P.C. to record the statements of the witnesses in a case which may have been registered under section 154, Cr.P.C. The statements before the police are not signed by the witnesses. Whereas a Police Officer is, therefore, authorized to record statements of witnesses, he cannot force any of the witnesses to make a statement other than the one which he voluntarily likes to make. If any Police A Officer wants to record the statement of the petitioner in future, he should send her a written requisition as required by law, and also as held in Dilshad Islam v . Punjab Province P L D 1975 Lah. 521.

3. The petitioner also feels aggrieved by the fact that the investi gation of the case which was registered on 5th of July, 1975 on the report of Sardar Ali was transferred from one officer to another after the same had been completed and that this is bound to prejudice the trial. The investigation can be transferred by orders of the Inspector -General of Police and no exception can be taken to the same. He, of course, is cognizant of the fact that frequent transfers of investigation will not be conducive to better administration and at times frustrate the ends of justice.

4. Subject to above remarks, this petition is dismissed.

M. Y. H. Petition dismissed.

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