C.P.No.S-663 of  2010   

 

 

1.                  For orders on CMA  1719/10

2.                  For orders on CMA 1720/10

3.                  For katcha peshi

 

 

ORDER

29.10.2010

 

 

Mr.Riaz Ahmed Shaikh Advocate holding brief on behalf of Mr.Shaikh Amanullah Advocate for the petitioner.  

Mr.Abdul Ghaffar Korai State Counsel.

 

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            The petitioner has filed this petition with the prayer that the respondents No.2 and 3 be directed to arrest the accused persons and to submit the challan in Court or submit final report in the concerned Court u/s 173 Cr.P.C. in FIR No.41 of 2009 without further delay. He further argued that the FIR in this matter was registered on 15.3.2009 but inspite of highly considerable delay but the police is not filing the report which is causing much delay in the trial of the case.

            The learned State Counsel present in Court and waives the notice of this petition and he further undertakes that this petition may be disposed of right now with the direction to the respondents No.2 and 3 to submit the report u/s 173 Cr.P.C. without any further delay and he also undertakes to convey this order to respondents No.2 and 3 to submit the report without any further delay within two weeks.

            Mr.Riaz Ahmed Shaikh holding brief on behalf of Mr.Shaikh Amanullah learned counsel for the petitioner stated at bar that till today no report has been submitted and the police officials are bound to submit the report within statutory period in the court but they have failed to do so.

Since it is the alleged violation of statutory period of time for filing the report u/s 173 Cr.P.C, therefore, instead of issuing any further notice to the respondents, the matter is disposed of on the statement of learned State Counsel that the police officials shall submit the challan within 15 days without any further delay.

The petition is disposed of alongwith listed applications accordingly. Office is directed to transmit this order to respondents No.2 and 3 for compliance within two weeks time without any further delay and or excuse.       

 

 

JUDGE

Imran