ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P.No.D-632 of 2009           

DATE         ORDER WITH SIGNATURE OF JUDGE

18.11.2009

Mr. Ghulam Shabir Babar Advocate for petitioner.

Mr. Allah Bachayo Soomro Additional Advocate General Sindh  a/w SIP Muhammad Yousif Abro, ASI Abdul Hameed, HC Irshad Abro, PC Ashgar Ali, PC Liaqat Ali and PC Manzoor Hussain Channa

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                         We have perused the inquiry report of the Additional D.P.O. Hyderabad in which he has fixed the respondsibility upon the operational police. In his inquiry report, he has found SIP Muhammad Yousif Abro, the then SHO Qazi Ahmed, ASI Abdul Hameed, PC Arshad Abro, PC Asghar Ali, PC Liaqat Ali and PC Manzoor Hussain Channa guilty in causing injuries to Patasho S/o Bhai Khan Jatoi. In his inquiry report, he has further held that crime No.178/2009 U/s 395 PPC lodged against Patasho was suspicious whereas other Criminal cases of F.I.R/ Cr.No.181/2009 U/s 216-A PPC, Cr.No.183/2009 u/s 13-D Arms Ordinance and Cr.No.184/2009 U/s 13-D Arms Ordinance against Patasho were false. All these four cases were lodged by the police officials of Police Station Qazi Ahmed against Patasho. This inquiry was conducted pursuant to the orders of this court passed on 19.10.2009. The Petitioner has placed before us the report of the Medical Board, which was constituted prior to order of inquiry, which report reveals that the injured Patasho accused in the aforesaid FIRs was physically tortured and the injuries, which the Board has noticed on this person were punishable u/s 337 F(iii), L(i) and 337 K PPC. In view of the report of the Inquiry Officer, which is self speaking and in which the afore-named have been found guilty of causing injuries to Patasho besides implicating him in false FIRs against him.

We, therefore, direct the D.I.G Hyderabad to register criminal case against the aforenamed police officers for causing injuries to Patasho, for misconduct under the Police Order and Anticorruption Law and for fabricating the record with intent to falsely implicate Patasho u/s 218 PPC. This proposed case/FIR shall be registered immediately against the above named police officers and they shall be arrested if they are not granted bail. The D.I.G simultaneously initiate departmental proceedings against the aforesaid police officers and till such time, these police officers are exonerated by the Criminal Court in the proposed criminal proceedings culminating from the proposed FIR and also by the departmental authority, they shall not be assigned field posting through out the province.

Since the inquiry officer has found that Patasho having falsely implicated in three criminal cases referred to herein above except case u/s 178/2009 of P.S. Qazi Ahmed, in which he has found to be suspicious, we appoint, with the consent of the parties, Siraj Lashari as Investigating Officer, who shall re-investigate the aforesaid cases in time and on the basis of the material collected by the Inquiry Officer and shall submit final reports in terms of section 173 Cr.P.C. either for the disposal of the criminal cases or otherwise, which report shall be accepted by the trial court as supplementary challan or report irrespective of the facts that the challan has already been submitted in the aforesaid cases. Newly appointed I.O. shall be supplied entire police files of above cases by S.P. Investigation Shaheed Benazirabad, tomorrow through special messenger.

Copy of this order be faxed to the concerned Sessions Judge, S.P Investigation, and  Siraj Lashari DSP Qasimabad, for information and compliance.

This petition stands disposed of in the above terms.

                                                                                                            JUDGE

JUDGE

AKC