ORDER SHEET
IN THE HIGH COURT OF SINDH,
CIRCUIT COURT, HYDERABAD.
C.P No.330 of 2009
DATE ORDER WITH SIGNATURE OF JUDGE
1. FOR ORDER ON MA NO.976/10.
2. FOR KATCHA PESHI.
3. FOR ORDER ON MA NO.3751/09.
08-03-2010.
Mr. Syed Ahsan Ali Shah, Advocate for Petitioner.
Mr. Muhammad Ishtiaque Khan, Advocate representing Waqar Hussain through his Attorney Israr Hussain, the intervener.
Mr. Allah Bachayo Soomro, Addl. A.G, Sindh along with ASI Hassan Ali Rajput, PS Baldiya, Hyderabad, who acted as Investigating Officer earlier.
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I have heard the matter in detail. The petitioner has impugned the order dated 24-10-2008, which is an administrative order, passed by Civil Judge & Judicial Magistrate-XI, Hyderabad. The petitioner being aggrieved with this order, filed this petition with the prayer that the impugned order be set aside, with the direction to the police department to submit report under section 173 Cr.P.C, for further proceedings in the matter. The main grievance of the Petitioner is that before passing the impugned order and submitting the report by the police in “B” Class, proper investigation was not carried out, which has prejudiced the case of petitioner.
By mutual consent, including Learned Additional A.G, Sindh the present Petition is disposed of in the following terms.
1. The S.P (Investigation), Hyderabad will assign this case to an independent Officer to investigate the matter properly and hear the complainant and her witnesses and submit the report in accordance with law to the trial Court.
2. Similarly the Investigation Officer will also hear the version of the proposed accused.
3. The Investigating Officer will also make positive efforts to record the statements of the witnesses cited from both the sides.
4. This exercise will be completed within 20 days.
The impugned order dated 24-10-2008 is set aside with the direction to the trial Court to pass an appropriate order, after submitting the report by the police official.
The petition is disposed of accordingly along with listed applications.
JUDGE.
A.C