ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-113 of 2023

 

Date

               Order with signature of Judge

           

                          

1.      For orders on MA No.1080/2023

2.      For orders on office objection at flag `A`

3.      For orders on MA No.1081/2023

4.      For hearing of main case

 

20-02-2023

                    

                     Mr. Gul Mir Jatoi, Advocate for the Applicant

12-09-2014

                                                 .-.-.-. -.-.-.-.-.-.-.-.-

              

1.                                   Granted.

2 to 4.          It is stated by learned counsel for the applicant that the applicant on the basis of honest investigation was let off by the police and he has been joined in trial by the learned trial Magistrate without lawful justification by way of impugned order, such order being illegal is liable to be set aside by this Court in exercise of its inherence jurisdiction. If the applicant is carrying a feeling that he is innocent, then he may prove his innocence by joining the trial. No case for interference with the impugned order is made out. Consequently, the instant Crl. Misc. Application is dismissed in limini.

 

 

                                                                                                                J U D G E

                                                                         

 

 

 

Suleman Khan/PA


 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. B. A No. S– 102 of 2023

 

Date of hearing

Order with signature of Judge

 

 

Fresh case

For orders on MA 1012/2023

For orders on MA 1013/2023

For hearing of bail application

20.02.2023

Mr. Abdul Rasheed Kalwar Advocate for applicant

                                                -,.-.-.--.-

1.         Granted.

2.         Deferred for the time being.

3.         Notice to complainant and learned APG. To be fixed by the office after three weeks.

 

 

                                                                                 JUDGE

 

 

Rafi  

 

 

 

 

 

 

 

 

 

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. A. No. S–75 of 2023

 

Date of hearing

Order with signature of Judge

 

 

Fresh case

For orders on MA 1000/2022

For orders on office objection

For orders on MA 683/2023

For hearing of main case

20.02.2023

Mr. Abdul Wahab Shaikh Advocate for applicant

                                                -,.-.-.--.-

 

                        Matter is already fixed on 10.3.2023, same to be treated as date by Court. Listed application for urgent hearing is disposed of accordingly.

 

 

                                                                                 JUDGE

 

 

Rafi 

 

 

 

 

 

 

 

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. A. No. S–105 of 2023

 

Date of hearing

Order with signature of Judge

Fresh case

            1. For orders on MA 993/2023

            2. For orders on MA 994/2023

            3. For hearing of main case

20-02-2023

            Mr. Zulfiqar Ali Bhutto Advocate for applicant

                                                -,.-.-.--.-

1.         Granted.

2.         Deferred.

3.         It is stated by learned counsel for the applicant that at least seven persons were let off by Investigating Officer while submitting challan and learned trial Magistrate has refused to join them in trial by way of order dated 23-01-2023; such order being illegal is liable to be set aside by this Court.

            In first instance, the applicant may examine him and his witnesses and then to make an application for joining the person, who have been let of by the police, if they prima-facie are found to be involved in commission of incident. On filing of such application, same to be disposed of by learned trial Magistrate in accordance with law.

            The instant Crl. Misc. Application is disposed of accordingly.

 

                                                                                 JUDGE

 

 

Rafi 

 

 

 

 

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Jail Appeal No. S–100 of 2019

 

Date of hearing

Order with signature of Judge

 

 

Fresh case

For orders on MA 1047/2023

For hearing of main case

20.02.2023

Mr. Badaruddin Memon Advocate for appellant

                                                -,.-.-.--.-

                        Matter is already fixed on 06.3.2023, same to be treated as date by Court. Listed application for urgent hearing is disposed of accordingly.

 

 

                                                                                 JUDGE

 

 

Rafi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Jail Appeal No. S–26 of 2022

 

Date of hearing

Order with signature of Judge

Fresh case

            1. For orders on MA 1042/2023

2. For orders on MA 690/2023

            3. For orders on MA 691/2023

            4. For hearing of main case

20-02-2023

Mr. Deedar Ali Chohan Advocate for appellant

                                                -,.-.-.--.-

                        Matter is already fixed on 06.3.2023, same to be treated as date by Court. Listed application for urgent hearing is disposed of accordingly.

 

 

                                                                                 JUDGE

 

 

Rafi

 

 

 

 

 

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No. S–219 of 2022

Date of hearing

Order with signature of Judge

 

Fresh case

            1. For orders on CMA No. 60/2023

            2. For orders on CMA 40/2023.

 

20-02-2023

Mr. Saeed Ahmed Chachar Advocate for petitioner

                                                -,.-.-.--.-

1.         Granted.

2.         By way of instant petition, the petitioner sought for protection from harassment of the private respondents, which was already granted in his favour by learned Ex-Officio Justice of Peace having jurisdiction. On account of continuous absence of the petitioner and his counsel, the instant petition was dismissed by this Court for non-prosecution; its restoration is being sought for by the petitioner by way of listed application. No cogent reason is advanced, which may justify this Court to restore the instant petition to its original stage at the cost of its precious time. Consequently the listed application is dismissed in limini.

 

                                                                                                   JUDGE

 

 

Rafi

 

 

 

 

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. A. No. S–116 of 2023

 

Date of hearing

Order with signature of Judge

 

 

Fresh case

For orders on MA 1107/2023

For orders on office objection

For orders on MA 1108/2023

For hearing of main case

20.02.2023

Mr. Suhail Ahmed Khoso Advocate for applicant

                                                -,.-.-.--.-

                        At the very outset it is stated by learned counsel for the applicant that he does not press the disposal of instant application, provided the applicant is permitted to seek remedy before the trial court. Order accordingly.

 

 

                                                                                 JUDGE

 

 

Rafi

 

 

 

 

 

 

 

 

 

 


ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No. S–26 of 2023

 

Date of hearing

Order with signature of Judge

Fresh case

1. For orders on CMA No. 93/2023

2. For orders on CMA No. 94/2023

3. For hearing of main case

20-02-2023.

                                                -,.-.-.--.-

            Petitioner and his counsel are called absent twice.

            By way of instant petition, the petitioner has sought for protection from harassment of the official respondents at the hands of private respondents, which has already been granted in his favour by learned Ex-Officio Justice of Peace, Ghotki. No further order in that respect is called for by way of instant petition. It is dismissed in limini together with listed applications.

 

                                                                                                  JUDGE

 

 

Rafi

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Appeal No. S–28 of 2022

 

Date of hearing

Order with signature of Judge

 

                Fresh case

            1. For hearing of MA No. 1780/2022

            2. For hearing of main case

20-02-2023

            Mr. Muhammad Tariq Metlo Advocate for appellant

                                                -,.-.-.--.-

                        Adjourned. To be fixed after three weeks.

 

 

                                                                                 JUDGE

 

 

 

 

Rafi

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Revision Application No. S–03 of 2023

Date of hearing

Order with signature of Judge

Fresh case

1. For orders on MA 1101/2023

2. For orders on office objection

3. For orders on MA 377/2023

4. For orders on MA 378/2023

5. For hearing of main case

20-02-2023

Mr. Ali Murtaza Shah Advocate for applicant

                                                -,.-.-.--.-

1.         Granted.

2.         Office objection complied with

4.         Deferred.

3 to 5. It is contended by learned counsel for the applicant that on change of jurisdiction, learned trial court bifurcated the cases, which previously were amalgamated by learned ATA Court and then declined to recall and re-examine the witnesses already examined by way of impugned order, such order being illegal is liable to be set aside.

            Point raised requires consideration. Issue notice to respondents and APG. To be fixed after three weeks.

 

                                                                                                         JUDGE

 

Rafi

 

 


ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No. S–28 of 2023

 

Date of hearing

Order with signature of Judge

 

Fresh case

1. For orders on CMA No. 100/2023

2. For orders on office objection

3. For orders on CMA No. 101/2023

4. For hearing of main case.

 

20-02-2023.

Mr. Abdul Sattar Mahesar Advocate for petitioner

                                                -,.-.-.--.-

1.         Granted.

2.         Deferred for the time being.

3.         Deferred.

4.         The Petitioner by way of instant petition has sought for protection from harassment of the private respondents and their arrest being absconders. If the private respondent are absconders, then learned trial Court could be moved for their arrest. If the petitioner is actually being harassed by the private respondents, then he may seek protection from such harassment by approaching learned Ex-Officio Justice of Peace having jurisdiction. Consequently, the instant petition being misconceived is dismissed in limini.

 

                                                                                                JUDGE

 

 

Rafi

 

 


ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. A. No. S–114 of 2023

 

Date of hearing

Order with signature of Judge

Fresh case

1. For orders on MA 1102/2023

            2. For orders on office objection

3. For orders on MA 1103/2023

            4. For hearing of main case

5. For orders on MA 1104/2023

20-02-2023

            Mr. Mansoor Hussain Metlo Advocate for applicant

                                                -,.-.-.--.-

 

1.         Urgency granted.

2.         To be complied with within three days.

3.         Deferred.

4.         It is contended by learned counsel for the applicant that the applicant is disputed with private respondent over landed property, who now is intending to involve him in a false case of ineffective firing only to settle with him such dispute and as per report of the police, no incident as alleged by the private respondent has taken place and such report has not been considered by learned Ex-officio Justice of Peace, in impugned order whereby he has directed DSP Complaint Redressal Cell Naushahro Feroze to conduct inquiry and issue of direction to SHO concerned to redress grievance of the private respondent.

            Point raised requires consideration. Issue notice to respondents and learned APG. In the meanwhile operation of impugned order is suspended till next date of hearing. To be fixed after three weeks.

 

 

                                                                                                              JUDGE

Rafi

 

 

 

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No. S–30 of 2023

 

Date of hearing

Order with signature of Judge

Fresh case

1. For orders on CMA No. 108/2023

            2. For orders on CMA No. 109/2023

            3. For hearing of main case

20-02-2023

            Mr. Ali Murad Malano Advocate for petitioners

                                                -,.-.-.--.-

1.         Granted.

2.         Deferred.

3.         The petitioners by way of instant petition have sought for protection from harassment of the private respondents, which has already been granted in their favour by learned Vth Additional Sessions Judge/Ex-Officio Justice of Peace, Sukkur. No further order by this Court on this petition is called for, consequently it is dismissed in limini.

 

 

                                                                                                 J U D G E

 

 

Rafi