ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No. D- 647 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

8.11.2009

Mr. Mehmood Abbasi, Advocate for Petitioner

Mr. Allah Bachayo Soomro, Addl.A.G a/w SPO Qasimabad and SHO Cant.

            The Petitioner does not press this petition as the challan has been submitted. The S.P Investigation states that section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 does not apply to a non muslim but it does apply to the muslim and the accused namely Punhal who happens to be the servant of the Petitioner was arrested whereas the Petitioner was shown to be the absconder. After investigation the police recommended the case for disposal against the Petitioner but the Magistrate concerned has not accepted the report of the police and has ordered the investigating authorities to submit challan. He states that since the order was passed by the concerned Magistrate they were bound to submit the challan.

We are of the considered view that section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 does not apply to a non-muslim that too in the given circumstances the challan has been submitted. The Petitioner may approach the Trial Court with appropriate application and the Trial Court shall pass the order on such application within a span of one month.

                                                                                                            JUDGE

                                                                                    JUDGE

Karar/-