ORDER SHEET

HIGH COURT OF SINDH AT KARCHI

C.P.No.D-800 of 2009

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Order with signature of Judge

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1. For orders on office objections No.1 & 3.

2. For orders on Misc.5275/2009.

3. For Katcha Peshi.

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20.05.2009.

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Mr. Mukhtar Ahmed Kuber, Advocate for the petitioner.

Mr. Hussain Bux, Special Prosecutor, NAB.

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      This petition has been filed against the order dated 30.05.2008, whereby application for release of the property of one of the accused Fateh Alam Siddiqui in Reference No.4/2000 has been dismissed.

      The fact, which has been brought by the petitioner, is that accused Fateh Alam Siddiqui was one of the persons, who was proceeded against in Reference No.4/2000 and since he remained in abscondance, therefore, his property bearing No.175-Karachi, Block-II, PECHS, Karachi was attached. It happened that said Fateh Alam Sidiqui expired on 04.04.2001 while Reference was finally decided against the remaining accused on 13.05.2002. It has been disclosed by the learned counsel for petitioner that an appeal has been filed in this Court against the said judgment. It appears that the entire issue is before this Court in appeal, which has been filed against the final judgment dated 13.05.2002, therefore, the petitioner can avail remedy in that appeal wherein all the material will be available. The trial Court has itself dismissed the application on the ground that since the appeal has been filed in the High Court, therefore, that Court cannot ascertain the actual factual position and status of the property etc.

      In such a situation, we do not find any illegality or irregularity in the impugned order and dismiss this petition. The petitioner may avail remedy in the appeal, which is already pending.

                                                      JUDGE