C.P.No.D-1563 of 2015

For Katcha Peshi

10.11.2015

Mr. Shakeel Ahmed Kalwar Advocate along with petitioner Mian Mumtaz Rabbani.

Mr. Qurban Ali Malano Advocate for accused persons.

Mr. Liaqat Ali Shar, Additional Advocate General along with ASP Masood Ahmed Bangash and Inspector Syed Pir Ali Shah.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Through instant petition, the petitioner has complained about the conduct of the police authorities, which according to learned counsel for the petitioner, have not properly investigated crime No.75/2015 registered at police station, A-Section Ghotki regarding murder of the brother of petitioner, as according to learned counsel, in spite of specific directions of the DIG, Sukkur, who assigned the investigation of aforesaid FIR to one, Masood Ahmed Bangash, ASP/SDPO City, Khairpur vide letter No.R/CR/3063-65 dated 04.05.2015, said investigation has been, in fact, conducted by one Inspector Syed Pir Ali Shah, who has submitted challan before the trial Court, whereas, the case of the petitioner has been totally damaged and destroyed. It has been prayed by the petitioner that investigation of aforesaid FIR may be assigned to some independent honest police officer so that the actual truth may come forward and the accused persons may be tried in accordance with law.

Masood Ahmed Bangash, ASP/SDPO, present in Court on Court notice, while confronted with such position, has stated that he has supervised the entire investigation, however, in view of difficulty in understanding Sindhi language, he has got the investigation conducted by Inspector Syed Pir Ali Shah. Such explanation offered by the ASP Masood Ahmed Bangash is not acceptable, particularly, when he has not put his signature on any of the documents relating to investigation including the challan, which is duly signed by Inspector Syed Pir Ali Shah instead of ASP Masood Ahmed Bangash.

Since ASP Masood Ahmed Bangash present in Court appears to be a young-man, who has recently joined the Police Force, we would abstain ourselves from drawing any adverse inference for his not complying with the directions of DIG, however, he is cautioned to be careful in future and to ensure that orders passed by superior officers in chain of command, particularly in Court matters, shall be complied in letter and spirit, however, strictly in accordance with law.

Such position with regard to assigning the investigation of aforesaid FIR by the DIG, Sukkur to ASP Masood Ahmed Bangash has not been disputed by the learned Addl.A.G, learned DPG and the learned counsel representing the accused persons, whereas, the learned DPG submits that since the specific directions of the DIG, Sukkur, have not been complied with and the officer who was appointed as investigating officer in the instant case, has not submitted the challan, therefore, it may create legal lacuna and may adversely affect the case of the complainant at the trial. It has been suggested that re-investigation of aforesaid FIR may be assigned to some other independent police officer, whereas, the challan submitted in the instant matter may be discarded.

Mr. Qurban Ali Malano, learned counsel representing the accused persons do not oppose such request for re-investigation by some independent police officer, however, submits that the allegations as contained in the instant petition are not duly supported by any material, whereas, the accused persons reserve their right to rebut the same during trial. It has been prayed that re-investigation may be directed to be completed within shortest possible time.

In view of hereinabove facts and circumstances of the case, we would dispose of instant petition by consent, with the directions to Inspector Ghulam Ali Jumani to conduct impartial inquiry and re-investigation in respect of FIR No.75/2015 registered at police station, A-Section, Ghotki and submit compliance report within 15 days from the date of receipt of this order, whereafter, challan may be submitted before the proper Court of jurisdiction in accordance with law. Inspector Syed Pir Ali Shah present in Court is directed to supply all the case papers to Inspector Ghulam Ali Jumani within two days.

Petition stands disposed of in the above terms.

JUDGE

JUDGE

N.M.