ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P No. D- 293  of 2009        

DATE         ORDER WITH SIGNATURE OF JUDGE

                                                                        Present:

                                                                        Mr. Justice Amir Hani Muslim,

                                                                        Mr. Justice Ahmed Ali Sheikh,

1. For Katcha Peshi

2. For hearing of MA 1270/09.

12.11.2009

Mr. Khowaja Ayatullah, Advocate along with Petitioner.

Mr. Mukhtar Ahmed Khanzada, State Counsel, along with Pir Fareed Jan Sarhandi, D.P.O Badin, Mushtaque Ahmed Abbasi, DSP Legal, R.P.O Hyderabad, SIP Ghulam Mohammad Mandhro, S.H.O P.S Pangrio, ASI Salim Khoso, P.S Pangrio.   

Ashiq Hussain, the Complainant of Crime No. 50 of 2009, present in person. 

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            The D.P.O Badin present is directed not to register any case either against the Petitioner or any of his family members without seeking approval of the Court.  

            The cases so far registered have been challaned in the Courts of law. We are informed that two cases have been disposed of by the Court and case culminating from Crime No.115 of 2008 of P.S Pangrio has been disposed of by the police in “C” Class.

            The Complainant Ashiq Hussain in Crime No.50 of 2009 of P.S Pangrio is present and states that the FIR has not been registered with his consent and in fact police has compelled him to lodge the FIR. He disowns the contents of the FIR. The I.O present states that he has investigated the matter and has submitted the challan. Since FIR has been registered by the operational police the I.O may not be knowing that whether Complainant had consented to the registration of the case against the accused persons nominated in the FIR.  Under these circumstances, since the challan has been submitted, the proceedings culminating from the FIR could be quashed. The Complainant has made a statement before this Court and has sworn an affidavit denying the contents of the FIR. We direct the Trial Court to record statement of the Complainant within one week and order quashment of the proceedings as he has disputed the contents of the FIR.

            Since we have restricted the D.P.O Badin from registering cases against the Petitioner and his family members in case if a case is required to be registered, the police shall seek permission of this Court.

            This petition stands disposed of in the above terms along with listed application.   

                                                                                                JUDGE

                                                            JUDGE

Ali Haider.