ORDER
SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.P.NO.D-6243 of
2023
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Date Order with Signature(s) of Judge(s)
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Hearing
1.
FOR ORDERS ON OFFICE OBJECTION
2.
FOR HEARING OF MAIN CASE
20.03.2024
Mr.
Salahuddin Chandio, advocate for the petitioners
M/s.
Hakim Ali Shaikh and Saghir Abbasi Addl. A.Gs
Mr.
Shariq Mubashir, AAG
Mr.
Zafar Ahmed Khan, Addl. P.G
Mr. Mansoor Ahmed Turk advocate for respondents No.
3 to 7
SIP Muhammad Ali
Ansari, PS Thatta and I.O ASI Niaz Muhammad Shar of PS Makli are present in
person
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This petition is filed under Article 199
of the Constitution for seeking following reliefs:
a. This
Hon’ble Court may be pleased to quash the instant FIR bearing No.14 of 2023 PS
Thatta lodged by private respondent No.5 against the petitioners as no such
incident is taken place.
b. To
direct the respondent No.2 to record statement of petitioners as per law and
regarding causing harassment, severe mental torture and extending threats for
killing to the petitioners and their family members and other consequences
also.
c. In view
of above narrated facts and circumstances to direct official respondents to
provide legal protection, security and safety to the petitioners and his family
members as they are being threating by the private respondents continuously as
they are highly influential persons.
d. To
direct the official respondents not to lodge any other fake FIR against the
petitioners at the instigation of private respondents in future.
e. Any
other relief this Hon’ble Court may deem fit and proper under the circumstances
of this case.
Notices were issued to the
respondents, AG and PG. Parawise comments are filed by respondent No.1 and respondent
No. 2, same are taken on record. In the comments, it is mentioned that report
under Section 173 Cr.P.C has been filed in FIR No. 14/2023 for offences under
Sections 324/337-F(i)/34 PPC registered at P.S Thatta before competent court of
law. Addl. P.G submits that this petition has been filed mainly for quashment
of the aforesaid FIR. However, counsel for the petitioners submits that police
officials are causing harassment to the petitioners.
Trial Court has already taken
cognizance of the offences. The law is quite settled by now that after
taking of cognizance of a case by a trial court, the F.I.R. registered in that
case cannot be quashed and the fate of the case and of the accused persons
challaned therein is to be determined by the trial court itself. It goes without
saying that if after taking of cognizance of a case by the trial court an
accused person deems himself
to be innocent and falsely implicated and he wishes to avoid the
rigours of a trial then the law has provided him a remedy under
sections 249-A/265-K, Cr.P.C. to seek his premature acquittal if the charge
against him is groundless or there is no probability of his conviction as held
in the case of Director
General, Anti-Corruption Establishment, Lahore and others vs. Muhammad Akram
Khan and others (PLD 2013 S.C 401).
In the view of above legal position,
this petition is disposed of. However, petitioners/accused would be at liberty
to avail remedy before the trial Court available under the law. So far
allegation of harassment against the police officials is concerned, Addl.AG
undertakes that police officials shall act strictly in accordance with law.
JUDGE
JUDGE
Musharraf Ali