ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P.  No.2528  of 2011. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

21.12.2012.

Mr. Habibullah Ghouri, advocate holds brief on behalf of Mr. Kashif Noor Khan Pathan, advocate for petitioner.

                        Mr. Muhammad Yaqoob Dahani, State Counsel.

                                                -.-.-.-.-.-.-

                        Through this Constitutional Petition, petitioner Qadir Bux Noonari has prayed for the following relief(s):

a) That this Honourable Court may be pleased to declare the action of harassment and not arresting the accused persons is illegal, misuse their official powers.

b) To direct the Respondents to arrest the accused persons and take custody of tractor trolley which hit the son of the petitioner, who was died.

c) To restrain the Respondents No.4 and 5 from causing harassment for the Petitioner at the instance of respondent No.6 to 9.

d) To direct the Respondents to ensure protection to the lives, libnerty and property of the petitioner or his family members and not to harass the petitioner and her family members.

e) Award costs of the petition.

            Notices were issued to the respondents as well as Addl. A. G. Comments are filed by respondent No.5. Learned State Counsel submitted that case bearing Crime No.01/2010, under section 320, 279, 427, PPC registered at PS Ghulam Serwar Sarki and case has been challaned under section 512, Cr.P.C. Mr.Habibullah Ghouri, advocate who holds brief on behalf of Mr. Kashif Noor Khan Pathan, advocate for petitioner pointed out that presently case is pending in the Court of learned IInd Civil Judge & Judicial Magistrate, KIandhkot. The trial Court is directed to issue warrants against absconding accused in accordance with law through SSP for execution who shall depute an officer not below the rank of DSP for execution. The trial Court shall  proceed further in the matter as per law. In these circumstance, learned advocate who holds brief on behalf of learned counsel for the petitioner does not press this petition more and it is accordingly disposed of.

Judge