C.P.No.D-744 of 2011

C.P.No.D-805 of 2011

Cr.M.A.No.S-227 of 2011

For Katcha Peshi

04.05.2016

Mr. A. R. Faruq Pirzada advocate for petitioners.

Mr. Ubedullah Malano advocate for respondents.

Mr. Shaharyar Awan, Assistant Advocate General.

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Learned counsel for the petitioners submits that the petitioners have been involved in false criminal cases by the Irrigation Department, whereas, the complainant namely Muhammad Hassan Darogha, who lodged the two FIRs i.e. No.01/2011 and 02/2011 at PS Kacho Bindi, filed an application before the learned trial Court and also filed a petition before the learned Single Judge of this Court in CP No.S-721/2011, wherein, it has been categorically stated that the aforesaid FIRs were got registered at the instance of Irrigation Authorities falsely, whereas, his signatures were obtained by the police through force when he was under their illegal detention. It has been further stated by the learned counsel that restraining order was passed by this Court in the aforesaid cases, whereby, police was restrained from registering any further FIR against the petitioners without the permission of the Court, and the learned trial Court was also restrained from taking any coercive action or proceed further in the matter. However, in spite of such restraining orders, the learned trial Court not only proceeded with the matter but also inserted the provisions of section 392 and 395 PPC and referred the matter to the learned District & Sessions Judge. Per learned counsel, when such facts were brought to the notice of this Court, an order dated 13.04.2011 was passed in CPD-805/2011, whereby, the learned Judicial Magistrate and the learned Sessions Judge, Ghotki were restrained from proceeding any further in the aforesaid FIRs and the record has also been summoned in both the cases. It has been contended by the learned counsel that this is a fit case whereby the aforesaid FIRs and the proceedings may be quashed.

Learned AAG submits that it will be appropriate if aforesaid FIRs may be got reinvestigated by some independent honest police officer, whereafter, appropriate orders may be passed in the instant cases. Learned counsel for the petitioners does not oppose such request and submits that investigation of crime No.1 and 2 of 2011 registered at police station, Kacho Bindi may be assigned to Inspector Ghulam Ali Jumani, who may be directed to submit report within two weeks.

Accordingly, by consent, Inspector Ghulam Ali Jumani is hereby directed to reinvestigate crime No.1 and 2 of 2011 registered at police station, Kacho Bindi and submit report before this Court after two weeks of this order.

A copy of this order may be supplied to Inspector Ghulam Ali Jumani along with record to ensure compliance.

To come up on 25.05.2016.

JUDGE

JUDGE

N.M.