IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Misc. Application No.198 of 2026
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
1.
For orders on M.A. No.3219/2026
(U/A)
2.
For orders on M.A. No.3220/2026
(Exp/A)
3. For
hearing of main case
-------------------------
25.02.2026
Mr.
Wazeer Hussain Khoso, advocate for applicant
------------------------------------
1. Urgency
granted.
2. Exemption
is granted subject to all just exceptions.
3. Applicant
Bashir Ahmed son of Muhammad Soomar is brother of deceased Gul Baz, who was
murdered on 22.07.2024 and FIR of the incident was registered on 24.07.2024 by
Imtiaz Khushk son of Sohbat Khan Khushk at P.S. Makli, District Thatta for
offence under Sections 302, 324, 506/2, 337-H(ii), 114, 337-D, 34, PPC.
Perusal
of FIR reveals that deceased Gul Baz came at the scene of offence along with
co-accused and they fired at complainant party, resultantly, Fida Hussain, Zia,
brother of complainant Imtiaz and brother of applicant Gul Baz sustained
firearm injuries, who later on succumbed to their injuries. After usual
investigation IO submitted final report under section 173, Cr.PC whereby
cognizance was taken by learned concerned Magistrate and case was sent up for
trial to Sessions Court. After lapse of about one year of the alleged incident,
applicant Bashir Ahmed, who is brother of deceased Gul Baz approached to DIGP
Hydeabad and filed application against the complainant of this case Imtiaz
Khushk and alleged that he is involved in the murder of his brother. On such
application, DIGP Hyderabad vide order dated 02.10.2025 (available at Page 49)
constituted the Board, comprising under the Chairmanship of SSP Badin, SSP
District Thatta and ADIG Establishment, Hyderabad Range. The Board recommended
this case for further investigation (available at Page 51), holding that matter
be reinvestigated not by District Police Thatta and on the recommendations of
the Board, DIGP Hyderabad directed the SSP Matiari to supervise the
reinvestigation and matter was assigned to PI Ahmed Yar Bajkani, SHO P.S.
Banoth, District Matiari. PI Ahmed Yar Bajkani approached the learned trial
Court for permission to reinvestigate the case/further investigation and such
permission was accorded by learned trial Court vide order dated 08.12.2025. He
further submits that all of sudden reinvestigation was called off by Matiari
Police, without assigning any cogent reason, therefore, applicant approached to
the Ex-Officio Justice of Peace
and submitted application for direction to complete further investigation and
report and on such application DIGP Hyderabad filed comments (available at Page
87) wherein he has given reason about calling off reinvestigation process on
the ground that complainant of this case Imtiaz Ali Khushk approached DIGP
Hyderabad and submitted application that there is no need of
reinvestigation/further investigation in the matter and on his application
reinvestigation/further investigation was called off. However, learned
Ex-Officio Justice of Peace refused to issue direction for reinvestigation/further
investigation vide order dated 14.02.2026. Learned counsel for the applicant
has pointed out that SSP Thatta has filed misstatement before learned
Ex-Officio Justice of Peace wherein he has taken stance that SSP Matiari
conducted the reinvestigation / further investigation and submitted report
before the concerned Court. He further submits that no such report has been
submitted by SSP Matiari, which is also evident in report furnished by SSP
Matiari in para 5 of his statement (available at Page 105). Learned counsel for
applicant submits that it is settled law that door of further investigation
cannot be closed just to dig out the actual truth, which is the basic right of
the aggrieved family whose brother was killed in a suspicious condition and the
version of the applicant party for killing his brother has not been brought on
record, which is fundamental right of the applicant party. Contentions raised
require consideration. Issue notice to the respondents as well as Prosecutor
General Sindh for 25.03.2025. Till
then, operation of impugned order shall remain suspended. However, DIGP
Hyderabad is directed to send file of further investigation to SSP Matiari and SSP
Matiari is directed to complete the process of further investigation and submit
such report before the trial Court as well as before this Court on or before
the next date of hearing. Office is directed to communicate this order to SSP
Matiari and DIGP Hyderabad and learned trial Court, by fax and other modes, for
compliance.
J
U D G E
Gulsher/PS