ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
C.P.
No.D-3692 of 2014
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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For Katcha Peshi
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11.12.2014
Mr. Raja Mir Muhammad, Advocate for
Petitioner
Mr. Zafar
Ahmad Khan, Addl: P.G.
Sindh
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NAIMATULLAH PHULPOTO, J.-- Through this
constitutional petition, petitioner Mst. Tamam Bibi has sought quashment of F.I.R. No.346/2014, registered at P.S. Gulistan-e-Johar, Karachi, on 05.07.2014 under section 23(1)(a) of the
Sindh Arms Act, 2013 in respect of allegation of carrying unlicensed 30 bore
pistol by accused Mir Ahmed son of Dawood Gul
(husband of the petitioner).
2. Learned advocate for the petitioner
mainly contended that accused Mir Ahmed was lifted from the house on 28.06.2014, such application was submitted by his wife on
29.06.2014 to the Honourable Chief Justice, High Court of Sindh and I.G. Police Sindh, Karachi. It is further contended that
allegation leveled in the F.I.R. is false and is a sheer
mala fide on the part of the police.
3. Mr. Zafar Ahmed
Khan, learned Additional Prosecutor General Sindh, argued that 30 bore pistol
without license has been recovered from the possession of the accused. Case has
already been challaned before the competent Court of
law. Factual inquiry, whether the allegation is correct or not cannot be
undertaken in the constitutional petition. He has opposed the petition for quashment of F.I.R.
4. After hearing the learned advocates for
the parties, going through the contents of the F.I.R.
and documents appended with this petition, it has been noticed that allegation
leveled in the F.I.R. regarding carrying of
unlicensed pistol if accepted as correct at it’s face value, prima facie, do disclose commission
of offence alleged in the F.I.R. The question whether
allegation leveled by the complainant in the F.I.R. is
actually correct or not necessarily requires holding of factual inquiry, which
exercise certainly cannot be undertaken by this Court in the summary proceedings
under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. It
is the duty of the police to investigate a crime and this Court would not like
to scuttle or stifle the said duty of the police at such premature stage.
5. There is also another aspect of the case, the accused has other statutory remedies available to
him under the law. On the conclusion of arguments, learned advocate for the
petitioner has informed the Court that investigation of this case has already
been completed and challan has been submitted before the criminal Court of
competent jurisdiction. It is the primary function of trial Court to appreciate
the prosecution evidence and to examine the defence theory deeply. Petitioner
has a remedy available before the learned trial Court by way of submitting an
application under section 249-A/265-K Cr.PC, seeking his premature acquittal,
if so advised.
6. For what has been discussed above, no
occasion has been found by this Court for interference in the matter and this
petition is, therefore, dismissed.
JUDGE
JUDGE
Gulsher/PA