ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.S-1399 of 2015

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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

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1) For orders on office objection and reply of advocate at flag “A”

2) For Katcha Peshi

3) For hearing on CMA No.5646/2015

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03.09.2015

Mr. Muhammad Nadeem Khan, advocate for petitioner

Mr. Shamsher A. K. Azeemi, State Counsel a/w SIP Rafiulah and SIP Arshad Jat

Mr. Muhammad Iqbal Awan, APG

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Through instant constitution petition, petitioners Muhammad Javed and Arsalan Anwar have prayed for the following reliefs:

1. To issue a writ of mandamus directing and restraining therein to the respondents, their servants, subordinates, agents, assign, representatives and or anybody else acting through them or on their behalf or working for them, from illegal pressurizing, threatening, humiliating, creating harassment and mental torture.

2. To direct the official respondents No.1 to 3 to discharge their duties strictly in accordance with law.

3. To direct the respondents No.1 to 3 to provide necessary protection to the petitioner and his family from the hands of the respondent No.4.

4. To direct the official respondents No.1 to 3 not to lodge any F.I.R. against the petitioner on the behest of respondent No.4 or his representatives, nominees, person or persons prior permission of this Honourable Court.

5. Any other efficacious and equitable relief that this Honourable Court may deem fit under the circumstances of this constitutional petition.

Notices were issued against the respondents as well as Advocate General Sindh and Prosecutor General Sindh. Comments are filed by S.H.O. P.S. Shah Latif Town and S.H.O. P.S. Sukhan. In the comments filed by S.H.O. P.S. Sukhan it is stated that on 21.09.2015 F.I.R. bearing Crime No.221/2015 was registered at P.S. Sukhan for offences under section 489-F PPC on the complaint of Anwar Ali against accused persons, namely, Farhan Anwar son of Muhammad Anwar and Adnan son of Muhammad Anwar and case is under investigation. Additional S.H.O. PS Sukhan is present in Court and states that no F.I.R. against the petitioners has been registered at P.S. Sukhan. Additional S.H.O. P.S. Shah Latif Town also submits that no F.I.R. has been registered against the petitioner at P.S. Shah Latif Town. However, police officials in the comments have stated that neither the petitioners have been harassed nor would be harassed in future. They undertake that official respondents shall act strictly in accordance with law. Learned state counsel undertakes that official respondents shall conduct themselves strictly in accordance with law. In view of statements of police officials and undertaking given by State Counsel, counsel for the petitioners expressed his satisfaction and does not want to press the instant petition more, which is accordingly disposed of along with all pending applications.

JUDGE

Gulsher/PA