Constitution Petition No.D-3728 of 2011
Date Order with signature of the Judge
1. For Katcha Peshi.
2. For hearing of Misc. No.17419/2011 (Stay).
(Notices have been issued for 6.12.2012 & 22.3.2013)
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Mirza Sarfaraz Ahmed, Advocate for Petitioner along with both Petitioners.
Mr. Sher Muhammad K. Sheikh, Addl. Advocate General Sindh.
Respondent No.1 Muhammad Arif present in person.
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After arguing the matter at length counsel for the petitioner says that he would not press the instant petition in case directions for expeditious disposal of the matter are given to the trial Court. He further says that it is a totally false case lodged by a stepson against the petitioners in order to achieve monetary benefits.
Be that as it may, we feel that since there are disputed questions of fact, which could not be resolved while exercising Constitutional jurisdiction, therefore, we while dismissing this petition as not pressed would direct the trial Court to expeditiously proceed with the case and to decide the same within three months and report compliance through MIT of this Court. The trial Court would also ensure that in case it is proved that the crime was false then it should direct lodging of FIR against the complainant under Section 182, Cr.P.C. and would submit report accordingly.
JUDGE
JUDGE