ORDER SHEET
IN THE HIGH COURT OF
SINDH AT KARACHI
Criminal
Miscellaneous Application No.623 of 2024
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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For
hearing of main case
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23.05.2025
Mr. Ghulam
Rasool Sohu, advocate for
applicant
Mr. Zahoor
Shah, Addl: P.G. Sindh
DSP Zakaullah
Sangi, Investigation Ferozabad,
PI/SIO Hakim Ali Shujra, SIP Muhammad Nadeem Baloch of PS Mehmoodabad
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Applicant Noman
Ali is complainant of FIR No.47/2024 of P.S. Mehmoodabad,
under sections 147, 148, 149, 506-B, 324, 504, 337-F(vi), PPC, wherein learned
Magistrate approved summary in cancel “C” class submitted by IO vide order
dated 30.03.2024.
2. Facts of prosecution case are that on
08.02.2024, complainant, Faisal Bachal, Muhammad Yasir Bandeja on account of
elections 2024 were posted as polling agents of Saeed
Ghani candidate for PS-105, meanwhile at about 11
p.m. candidate for provincial assembly Irfanullah
Khan Marwat and his companions, namely, Imran Marwat, Hassan Abbas, Javed Dada,
Sarwar Soomro, Imran Laasi, Asif Puma and other 30/40
unknown persons came there and attacked on polling station. Some of them were
having laathis and sticks, whereas Imran Marwat and 2/3 others were carrying weapons, started loud
chanting against opposite candidate, started abusing the opposite party and its
supports, they quarreled and threatened to kill. Imran Marwat
and 3/4 other unknown armed persons with intention to kill, started straight
firing due to which complainant sustained firearm injury at his finger of right
hand whereas Faisal, Bachal and Yasir
Bandeja also sustained injuries, however, above named
persons while abusing fled away in vehicles with Irfanullah
Khan Marwat. Injured persons arrived at Jinnah
Hospital where they got treatment, police officer also came at Jinnah hospital,
however, being traumatized and unconscious, injured were not able to give
stable statement at that time, later on complainant visited police station for
report and claimed that Irfanullah Khan Marwat and his other companions nominated and unknown who
can be identified on seeing while being armed have attacked, abused, threatened
to kill and have caused firearm injury with intention to kill, action be taken.
3. Learned counsel for applicant submits
that Investigating Officer mala fidely recommended
this case for disposal in “C” class and same was approved by learned Magistrate
vide order dated 30.03.2024, without appreciating the material available on
record. Complainant sustained firearm injury at his hand at the hands of
nominated accused whereas Bachal, Faisal and Yasir Bandeja also sustained
injuries in the incident. They were examined by MLO, who issued medical
certificate to the extent of injuries sustained by them and one of injuries was
declared as ‘Ghayr-Jaifah Munaqqilah’,
which falls under section 337-F(vi), PPC. He finally prayed that impugned order
may be set aside and matter may be remanded back for reinvestigation of the
case. Learned Additional Prosecutor General Sindh has recorded his no objection
on such proposal.
4. Heard learned counsel for applicant as
well as Additional Prosecutor General Sindh, perused the material available on
record and compliance reports submitted by police officials present today.
5. No doubt, complainant has nominated
accused persons with specific role for causing firearm injuries to complainant
and other prosecution witnesses. They were referred for medical examination and
MLO after having examined them, issued medical certificates regarding injuries
sustained by them. Surprisingly, the Investigating Officer recommended the case
for disposal in “C” Class and learned Judicial Magistrate concerned approved
such summary, without assigning any cogent reason. Therefore, impugned order
dated 30.03.2024 is set aside, the matter is referred to the Deputy Inspector
General of Police Sindh West Karachi, who may assign reinvestigation of the
case to an honest, dedicated and competent police officer, not below the rank
of Inspector, who shall complete the investigation and submit report before
learned Judicial Magistrate concerned, the leaned Judicial Magistrate concerned
is directed to pass a speaking order on the report.
6. Instant criminal miscellaneous
application is disposed of in above terms.
J U D G E
Gulsher/PS