Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

Present:

                                                            1. Mr. Justice Amir Hani Muslim.

                                                            2. Mr. Justice Ahmed Ali Sheikh.

C.P.NO.D-731 OF 2009.

Date              Order with signature of Judge

05.11.2009.

Mrs. Razia Ali Zaman Patoli, Advocate for the petitioner.

. . . .

AHMED ALI SHEIKH,J.- Through this petition, the petitioner has prayed as under:-

"a. That this Honourable Court may be pleased to quash the F.I.R. bearing Cr. No.83 of 2009 U/s 302, 324, 504, 147, 148, 149 P.P.C. of police station Karyo Ghanwar, lodged against the petitioner and others being false and fabricated.

b. That this honourable Court may be pleased to issue direction to respondent No.2 and 3 not to arrest the petitioner, prior to completion of investigation, as they are respectable citizen and rights of life and liberty is guaranteed under the constitution of Islamic Republic of Pakistan 1973.

c. Any other relief which this Honourable Court deems fit and proper be awarded to the petitioner."

      From the pleadings, it appears that on 15.10.2009 the respondent No.4 registered the F.I.R. under Crime No.83 of 2009 at police station Karyo Ghanwar, District Badin for offence under sections 302, 324, 504, 147, 148, 149 P.P.C., against the petitioner and others for committing the murder of deceased Nooral. The petitioner pleaded that on 01.10.2009 a case bearing Crime No.77 of 2009 for offence under sections 459, 395, 397, 337-H(ii), 511 P.P.C., r/w section 17(2) Offence Against Property (Enforcement of Hudood) Ordinance, 1979, had been registered by his brother Muhammad Ramzan against the relatives of Shafi Muhammad, therefore, in order to save their skin a false and fabricated case has been registered against him and his relatives. The investigation of Crime No.77 of 2009 had been completed and same case has been challaned in the concerned Court.

     Learned counsel for the petitioner contended that the contents of F.I.R, bearing Crime No.83 of 2009 are false and fabricated and same has been got registered against the petitioner and his relatives by the complainant party with the sole object to save their skin in Crime No.77 of 2009, therefore, same may be quashed.

     Admittedly, the case bearing Crime No.83 of 2009, which pertains to the murder of deceased Nooral Thebo, is under investigation by the concerned police. It is the exclusive function of the police to investigate the case/crime in order to unearth the truth or falsehood of the case and at this stage we would not intervene in the police investigation which has yet to submit challan. The petition for the aforesaid reasons merits no consideration and liable to be dismissed in limine. These are the reasons of our short order dated 05.11.2009, passed in the aforesaid petition.

                                                J U D G E

                                        J U D G E