ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

                                                C.P.No.D-287 of 2008

DATE         ORDER WITH SIGNATURE OF JUDGE

FOR KATCHA PESHI

11.11.2009.

Mr. Abdul Sattar Sarki Advocate fort the Petitioner.

Mr. Amjad Ali Sahto Advocate for Respondents No.5, 7 to 10.

Mr. Allah Bachayo Soomro Additional Advocate General Sindh a/w PDSP Mushtaq Abbasi on behalf of RPO Hyd, P.I. Rafique Ahmed o/b DPO Hyderabad and DSP Rakhial Jamali HQ Dadu, Respondent No.2

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The comments have been filed on behalf of the Respondents No.2,3,4,12,13 & 14, which are taken on record. The grievance of the Petitioner is that the private Respondents have been wrongfully appointed for which he made an application and the inquiry was conducted and seven FIRs were registered. The challan was however, not submitted by the Investigating Officer inter alia on the ground that there was no sufficient material to connect the accused with the alleged crime and in the report u/s 173 Cr.P.C, the I.O. recommended the disposal of the cases in “C” class. This report was accepted by the Anticorruption Judge. The grievance of the petitioner is in respect of acceptance of the report by the Anticorruption Judge. His contention is that the Anticorruption Judge while accepting the report has not assigned any reason and also has not passed speaking order. The acceptance or rejection of the report u/s 173 Cr.P.C is not a judicial act. It is an administrative order and Presiding Officer is not required to pass speaking order that too when he accepts the report. The acceptance of the report is based on the material incorporated in the report. The Petitioner is not on good terms with the private Respondents, which fact, learned Counsel for the petitioner concedes in the Court. The Petitioner can approach the Anticorruption Court with a direct complaint and the order passed by the Anticorruption Court on the report of the police us/ 173 Cr.P.C would not come in way of the Petitioner.

This petition stands disposed of in above terms.

                                                                                                            Judge.

                                                                                    Judge