ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-246 of 2017.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01.  For orders on office objection “A”.

02.  For orders on M.A.No.1346/2017 (E/A).

03.  For hearing of main case.

09.02.2022               

                        Mr. Ali Nawaz Ghanghro, Advocate for the petitioner.

                        M/S. Asif Ali Abdul Razzak Soomro & Habibullah Ghouri,

Advocates for respondents No.4 to 11.

Mr. Abdul Hamid Bhurgri, Addl.A.G Sindh.

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                       It is contended by learned counsel for the petitioner that the husband of petitioner was killed by the police officials and then they give it a cover of police encounter lodged such FIR (Crime No.17/2017, under section 324, 353, 395, 436, 427 PPC) with P.S Ghouspur, in order to save themselves from legal consequences, therefore, the respondents be directed to conduct inquiry in above said incident/FIR and record statement of the petitioner u/s.154 Cr.PC.

                       Learned Addl.A.G Sindh and learned counsel for the respondents have sought for dismissal of the instant constitutional petition by contending that the deceased was hardened criminal of the area and he died in police encounter and direct complaint filed by the petitioner has already been dismissed by the Court having jurisdiction.

                       We have considered the above arguments and perused the record.

                       Inquiry in FIR which is lodged somewhat five years ago could not be justified. The second FIR of the same incident could hardly be directed to be recorded, by ignoring the dismissal of the direct complaint, which surprisingly was filed by the petitioner herself. Consequently, the instant constitutional petition being misconceived is dismissed accordingly.                          JUDGE

     JUDGE