ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-474 of 2015.

DATE        ORDER WITH SIGNATURE OF JUDGE

            1. For orders on office objection, as flagged.

            2. For katcha peshi.

            3. For order on M.A. No.2501 of 2015.

            4. For order on M.A. No.2502 of 2015.

31.03.2015.

            Mr. Mumtaz Ahmed Lashari, advocate for the petitioner.

Mr. Sher Muhammad Laghari, State Counsel alongwith ASI Allah Wadhayo of Police Station Hatri Ghulam Shah.

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            Mr. Mujahid Ali Jatoi advocate has filed comments alongwith Vakalatnama for respondents No.5 and 6, which are taken on record.

            Learned counsel for the petitioner submits that after filing of this petition, Nisar Ahmed, the alleged detenue, has been released and he reached at his home. According to learned counsel, he was detained by respondent No.4 unlawfully. The respondent No.4 has not filed his comments, but has sent ASI Allah Wadhayo, who is present on his behalf alongwith the comments, in which he has denied that the detenue was detained by him unlawfully. The petitioner’s counsel submits that against the unlawful arrest the petitioner has already lodged the F.I.R. bearing Crime No.78/2015 at Police Station Pinyari, under Sections 365 and 34 PPC, copy of which is attached with the statement filed by learned counsel for the petitioner.

            Since the petitioner has already lodged FIR against the unlawful arrest, which is pending, no further action is required, however, if the petitioner wants to claim damages/compensation he may approach the competent court of law.

            The petition is disposed of accordingly, alongwith the pending applications.

                                                                                                            JUDGE

                                                                        JUDGE

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