ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Cr. Misc. Appln.  No.S- 179       of 2012

DATE

ORDER WITH SIGNATURE OF JUDGE

 

  1. For orders on office objection flag ‘A’
  2. For Katcha peshi.                                        

 

27.11.2012

 

Mr. Shamsuddin Abbasi, advocate for applicant.

Mr. Ali Raza Pathan, State counsel.

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            Learned counsel for the applicant/accused Saqib Siyal submitted that there was no sufficient evidence against the accused Saqib Siyal to submit challan against him in spite of that accused Saqib Siyal has been challaned. He has further submitted that Mst. Shumaila in her 164, Cr.P.C statement has also not implicated accused Saqib Siyal. An application under section 265-K, Cr.P.C was moved before 3rd Additional Sessions Judge, Larkana but it was declined on 15.6.2012 mainly on the ground that yet the evidence of Mst. Shumaila was not recorded. Mr. Abbasi submits that after framing of the charge complainant party has shifted to some unknonw place. In these circumstances, trial Court is directed to make all possible efforts for recording evidence of Mst. Shumaila and other material witnesses and secure their attendance by adopting all legal methods. Thereafter learned counsel for the applicant would be at liberty to repeat the same application before the trial Court. The same shall be decided strictly in accordance with law within one month.

            On the basis of these directions, learned counsel for the applicant does not press this criminal misc. application more and it is disposed of accordingly.

 

                                                                                                Judge