ORDER SHEET
IN THE HIGH COURT OF SINDH,
CIRCUIT COURT, HYDERABAD.
C.P. No. D- 928 of 2009
DATE ORDER WITH SIGNATURE OF JUDGE
For Katcha Peshi
18.03.2010.
Mr. Imamuddin Otho, Advocate along with Petitioner.
Mr. Mukhtar Ahmed Khanzada, State Counsel, along with PDSP Bashir Ahmed on behalf of D.P.O Shaheed Benazirabad and SIP Munawar Ali Sario, S.H.O Tando Muhammad Khan.
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Learned State Counsel files parawise comments of Respondents No.1,2 & 4 to 6 respectively.
Through this petition the Petitioner has sought the following relief:-
A. Restrain the Respondents No.1 to 4 not to harass the petition and his family members in any form or manifestation and treat them respectable citizen as guaranteed in the Constitution of the Islamic Republic of Pakistan, 1973.
B. Direct the Respondents No.2 to 4 to return the robbed property of 5 tolas gold ornaments, cash of Rs.50500/-, two buffaloes, one motorcycle and other valuable articles to the Petitioner.
C. Quash the FIR bearing Crime No.215 of 2009 @ Police Station Sakrand, District Shaheed Benazirabad, being false, fabricated and concocted and during the pendency of the petition the S.H.O Police Station Sakrand may be restrained from arresting any of the accused nominated in the FIR.
D. Direct the District Police Officer Tando Muhammad Khan and Shaheed Benazirabad to lodge FIR against the Respondents No.1 to 4 for their abuse of powers and authority.
In consequence of an application filed by the Petitioner before the Honourable Chief Justice of this Court and before District & Sessions Judge Shaheed Benaziraba, the learned Sessions Judge has called for report in the matter from Respondent No.6. According to Mr. Mukhtar Ahmed Khanzada, learned State Counsel, such report has already been submitted.
We would therefore, direct the learned 1st Additional Sessions Judge Shaheed Benazirabad, who is now seized of the matter, to expedite the proceedings and decide the matter after thorough inquiry and in case he is not satisfied with the above and/or its report, order afresh enquiry and make all efforts to unveil the truth in the matter and also to decide the other applications that may be pending/filed by the Petitioner before the Court. The learned Judge is further directed to decide the matter at his earliest and preferably within a period of one month from the receipt of copy of this order.
The petition is disposed of in the forgoing terms.
JUDGE
JUDGE