ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr. Misc. Application No.S-634 of 2020
Date |
Order with signature of Judge |
1.
For
hearing of main case.
06.09.2021
Mr.
Saeed Jamal Lund, Advocate for the Applicant
Mr.
Khalil Ahmed Maitlo, DPG
----------------
Learned
DPG has pointed out that before Vth Additional
Sessions Judge, Sukkur, in Criminal Miscellaneous Application No.1392/2020,
Circle Officer, Anti-Corruption Establishment, filed his statement dated 05.09.2020,
available on record, wherein he requested the Court that if applicant
approaches him, he will record his statement and if cognizable offence under
ACE Schedule is made out, in the first instance, open enquiry will be conducted
after obtaining permission required under Rule 8 from competent authority
defined in Rule-2 g Schedule 1 of ACE, 1993, as the same is essential in the
first instant before registration of case; however, learned Justice of Peace
has passed the impugned order and directed the Applicant to approach SSP
(Complaint Cell), Sukkur, which has no nexus with the matter in hand.
Learned
Counsel for the Petitioner, in view of statement filed by Circle Officer, ACE,
before learned Justice of Peace, submits that he would be satisfied and will
not press this petition if Circle Officer, ACE, may be directed to comply with
his earlier statement and act strictly in accordance with law.
Resultantly, instant petition is disposed of with
direction to Respondent No.3 to act strictly in accordance with law as well according
to statement dated 05.09.2020 filed by him before learned Vth
Additional Sessions Judge/Justice of Peace, Sukkur.
Faisal
Mumtaz/ PS JUDGE