ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No. S-187  of 2011. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as Flag 'A'.

2. For Katcha Peshi.

1712.2012.

Mr. Nisar Ahmed G. Abro, advocate for petitioner.

                   Mr. Ali Raza Pathan, State Counsel.

                                                -.-.-.-.-.-

                   Through this Constitutional Petition, the petitioner Bakhshal Abro has prayed for the following relief(s):

a) That this Honourable Court may be pleased to direct the respondents No.1 to 3, to arrest the accused persons nominated in FIR No.01/2011 of PS Fathepur, District Larkana and after completion of investigation produce them before the Court of law to face the charges.

b) To call upon the respondents No.2 & 3, restraining them not to cause harassment to petitioner in any manner.

c) Grant any other equitable relief.

          Notices were issued to the respondents as well as Addl. A. G. Comments/Statements  have been filed by respondents No.1 to 3. SP Investigation, Larkana in the comments has stated that the challan has been submitted in the Court of Civil Judge & Judicial Magistrate Dokri. It is pointed out by learned State Counsel that presently, case is pending in the Court of IIIrd Additional Sessions Judge, Larkana. Mr.Nisar Ahemd Abro learned advocate for the petitioner states that accused wanted in the above said crime are still absconding and they are residing in their houses but the local police has failed to arrest the accused nominated in Crime No.01/2011 of PS Fatehpur. In these circumstances, when the challan has already been submitted and the case is pending before the competent Court of law, the trial Court is directed to issue NBWs against the accused wanted in the above crime, the same be sent to SSP with direction to depute an officer not below the rank of DSP for executing the NBWs against absconding accused and trial Court shall proceed further in the matter according to law. The SSP shall also look into the matter. In these circumstances, learned advocate for the petitioner is satisfied and is accordingly disposed of.

Judge