ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Constt: Pett: NO. S-337 of 2012.

Dated                                   order with signature of hon’ble Judge.

1. For orders on office objection as flag A.

2. For Katcha Peshi.

18.12.2012.

                        Mr. Leela alias  Kalpana Devi, advocate for the petitioner.

                        Mr. Mohammad Yaqoob Dahani, State Counsel

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                        Through this petition, the petitioner Anwar Ali Massam has prayed  for the  following relief(s):-

a.  That this Honourable Court may graciously be pleased to direct the Respondent No.2 to submit the proper charge sheet under section 173, Cr.P.C in case Crime No.34/2012 P.S Nasirabad in the Court of law without loss of time.

b. Award costs.

c. Any other relief to the petitioner which this honourable Court deems fit and proper under the circumstances of the case.

                        Notices were  issued to the respondents as well as A.A.G.  Comments are filed by respondents No.1 and 2.   In the comments  filed by respondent No.2 it is stated that F.I.R bearing Crime No.34/2012 U/Ss 506/2, 337-A(i), 114, 34 PPC registered at P.S Nasirabad was investigated  and on the completion of investigation report was submitted to the S.S.P for disposal of the case in “B” Class thereafter  report/summary  was submitted before Civil Judge and Judicial Magistrate-I Warrah and learned Civil Judge and Judicial Magistrate  has ordered  the disposal of the case in “C” Class, in which it is mentioned by Civil Judge and Judicial Magistrate-I, Warrah  that  after perusal of the record he did not agree  with the report submitted by the police for disposal  of case under “B” Class and ordered  for disposal of case under “C” class.  Mrs. Kalpana Devi  submitted that there was a huge material against accused for submission of the challan against them in the competent Court of law.  SIO has spoiled  the case of the complainant.  However,  learned advocate for the petitioner states that she would be satisfied  if the petitioner is allowed to file direct complaint  in the matter.  The petitioner would be at liberty to file direct complaint as per law, if advised so.  Petition stands disposed of in the above terms.

JUDGE