ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
C.P.
No.D-3838 of 2015
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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1)
For orders on Misc. No.36225/2015
2)
For hearing of main case
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25.11.2015
Mr. Ghulam Nabi
Shar, advocate for petitioner
Mr. Siraj
Ahmed, State Counsel
Mr. Abrar
Ali Khichi, A.P.G.
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1) Granted.
2) Petitioner Zamir Hussain has filed the instant constitution petition
for seeking directions to constitute joint investigation team in respect of F.I.R. No.16/2015, registered at
P.S. 60 Miles, District Shaheed Benazir Abad, under
sections 302/34, PPC.
Notices
were issued to the respondents as well as Advocate General Sindh and Prosecutor
General Sindh. Comments have been filed. S.H.O. P.S.
60 Miles, respondent No.5, in his comments has stated
that Amir Ali lodged F.I.R. at police station 60
Miles on 25.04.2015. It was recorded under sections 302/34 PPC
against Ali Hassan, Wazeer Hussain, Muhammad Nawaz
and Abdul Aziz in respect of murder of Rehmat Ali
Rind. It is also mentioned by the concerned police that case has been challaned and it is pending before the Court of Sessions.
Learned
counsel for the petitioner submits that false F.I.R.
has been lodged against the brother of the petitioner. Learned counsel for the
petitioner on the query of the Court submitted that petitioner has not been
nominated as accused in aforesaid F.I.R. No mala fide
on the part of the investigation officer has been pointed out. Petitioner has
not been nominated as accused in the F.I.R. He is not
an aggrieved person. He has no locus standi to file the petition for quashment
of F.I.R./case. Case has been investigated, challan
has been submitted and the concerned Court has also taken cognizance. Learned A.P.G. has opposed the petition.
In view of
the above, there is no merit in the above constitution petition,
the same is accordingly dismissed along with all pending applications.
JUDGE
JUDGE
Gulsher/PA