ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. S-  653 of 2012.

Date of hearing

Order with signature of Judge

15.08.2012.

1. For order on office objection.

2. For Katcha Peshi.

Mr. Muhammad Aslam Jatoi, Advocate for petitioner.

Mr. Muhammad Bux Qazi, State counsel alongwith Inspector Nazir Ahmed Mallah former SHO P.S Kakar, ASI Allahdino, ASI Allahando Khan, H.C Muhammad Mithal, H.C Azam, and H.C Anwar Ali of P.S Kakar.

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          Petitioner’s counsel contended that petitioner has been involved in false cases and therefore, enquiry may be conducted.  The official respondents No.1 to 6 have filed their comments. In the comments it is categorically mentioned that four F.I.Rs have been registered against the petitioner, as he is involved in criminal cases. Zulfiqar Ali, complainant of F.I.R No. 27/2012 of P.S Kakar is also present; he states that petitioner is involved in house trespass and theft from his house; therefore, he has registered F.I.R against him.  Learned counsel for the petitioner prays that enquiry may be conducted in all the F.I.Rs.

          After hearing the counsel for respective parties, complainant Zulfiqar Ali and examining the record available, prima facie it appears that there are criminal cases registered against the petitioner. All cases are under investigation, therefore, under writ jurisdiction interference is not permissible under the law until and unless malafide is alleged on the part of Investigating Agency. In present case there are no circumstances to warrant the interference investigation of the cases. However, petitioner is at liberty to approach the trial Court and prove his innocence.

          Petition stands dismissed.

                                                                        Judge