C.P.No.S-342 of 2007

1. For orders on office objections flag 'A'.

2. For Katcha Peshi.

17.3.2007.

Mr.Nusrat Hussain Memon along with petitioner.

Mr.Ali Azhar Tunio, Addl.A.G. along with PDSP Muazaffar Ali mangi and SIO Haji Durwash, PS Pano Akil.

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Learned counsel for the petitioner points out that on 22.5.2007 notice to respondents Nos.1 and 2 was issued to record statements of the petitioner and other PWs. The statement filed by the S.P. Investigating to the effect that after investigation, the case has been classified in ‘B' class and the accused nominated in the F.I.R has been exonerated. The case filed against the son of the petitioner was challaned in the competent court of law.

This court is not satisfied with the report of the S.P. Investigating. The said report classifying the case in hand in “B” class is quashed. The learned R.P.O is directed to depute an honest police officer not below the rank of DSP to re-investigate the case honestly and fairly. The order, if any, passed on Report under Section 173 Cr.P.C for classifying case in “B” class by the learned Magistrate, is quashed. It is further directed after completing the reinvestigation, the compliance report be submitted to Additional Registrar of this Bench.

The petition is allowed in the above terms.

JUDGE

N.M.