ORDER SHEET

IN THE HIGH COURT OF SINDH

CIRCUIT COURT, HYDERABAD

C.P. No.D- 483 of 2009

Order with signature of Judge

                                                Present.

                                                Mr. Justice Amir Hani Muslim

                                                Mr. Justice Ahmed Ali Sheikh

1. For Katcha Peshi

2.  For hearing of MA 2087/09.

23-12-2009

Mr. Ghulamullah Chang, Advocate along with Petitioners.

Mr. Mukhtar Ahmed Khanzada, State Counsel, along with SIO/SIP Imtiaz Ali and ASI Moolchand of P.S Shaheed Fazil Rahoo.

Respondent No.3 Mst. Mehar-un-Nisa present in person.

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The S.I.O Imtiaz Ali present, who had appeared on 30.7.2009 though his attendance has not been recorded in the Order Sheet and he was directed to record the statement of Respondent No.3 and submit report U/s 169 Cr.P.C recommending the disposal of the case. The I.O neither recorded statement of the Respondent No.3 nor has mentioned those directions in the police file and he claims that he was transferred. It is very strange that the I.O, who, inspite of the direction of this Court, has not complied with the order to record the statement of Respondent No.3 and even did not make any entry in the police file before handing over the charge. He did not appear inspite of the notices and now when the Bailable Warrants have been issued, he has put in appearance. We direct the D.I.G.P, Hyderabad, to initiate departmental proceedings against the S.I.O/SIP Imtiaz Ali. We also direct the D.I.G.P, Hyderabad, to order initiating of proceedings against the Head Constables namely Nazar and Meero of Police Station Golarchi, who have detained one of the co-accused Jan Muhammad on 20.12.2009.       

At the oral request of the Respondent No.3 we convert this Constitutional Petition into Criminal Miscellaneous Application U/s 561-A Cr.P.C. The office to number it accordingly.

The Respondent No.3 Mst. Mehar-un-Nisa is the material witness, whose statement we have recorded in Court. She states that she has not been abducted by any of the persons nominated in the FIR bearing Crime No. 122/09 of P.S Shaheed Fazil Rahoo. There is no likelihood that the proceedings culminating from the said FIR would lead to conviction. We therefore, quash the proceedings culminating from Crime No. 122/2009 of P.S Shaheed Fazil Rahoo.

This order be communicated to the Sessions Judge Badin. Copy of this order may also be faxed to the D.I.G.P, Hyderabad for compliance.

Disposed of.

                                                          JUDGE

JUDGE