ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P No. D- 301 of 2019

Date Order with signature of Hon’ble Judge

Hearing of case

For hearing of main case

12.03.2019

Mr. Ghulam Shabbir Shar Advocate for the petitioner

Syed Sardar Ali Shah, DPG for the State

Agha Ather Hussain Pathan, AAG Sindh

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The petitioner by way of instant Constitutional Petition has sought for direction to conduct reinvestigation in FIR Crime No.10/2018 u/s 302, 311, 337-H(ii), 148,149 and 452 PPC of P.S ‘C’ Section Sukkur through an honest police officer.

2. It is contended by learned counsel for the petitioner that the innocent persons have been involved in above said FIR by the complainant without lawful justification, which call for fair probe through an honest police officer. By contending so, he sought for reinvestigation of the FIR of the above incident in order to unfold truth.

3. Learned DPG for the State and learned AAG Sindh sought for dismissal of the instant Constitutional petition by contending that it has been moved only to defeat the early disposal of the case which is pending adjudication before the competent Court of Law.

4. We have considered the above arguments and perused the record.

5. Admittedly the cognizance of the offence has already been taken by learned Magistrate having jurisdiction and case now is pending for its adjudication before the Court having jurisdiction. The order whereby the cognizance of the offence was taken by the learned Magistrate having jurisdiction has not been impugned by the petitioner or anyone else apparently. If the petitioner is having a feeling that innocent persons have been involved in this case falsely by the complainant party then he may ask those persons to prove their innocence before the Court having jurisdiction in accordance with law.

6. No case for ordering reinvestigation in the above said FIR is made-out. Consequently, instant Constitutional petition is dismissed.

Judge

Judge

ARBROHI