ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        1288   of 2016.

 

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For orders on office objection at Flag “A”

2-     For orders on CMA.No.3572/2016 (U/A)

3-     For orders on CMA.No.3573/2016 (Ex.A)

4-     For Katcha Peshi.

5-     For orders on CMA.No.3574/2016 (Stay)

05th. April, 2016.

 

                        Mr. Raja Shahid Hussain Solangi, Advocate a/w Petitioner.

 

                        After arguing the matter at some length, learned Counsel for the petitioner does not press instant petition, however, submits that Investigating Officer of Crime No.02 of 2016 U/s 489-F, 406 & 34 PPC registered at Police Station, Fareed Dero, District Naushahro Feroze may be directed to investigate the aforesaid F.I.R strictly in accordance with law, by associating the petitioner. It has been further prayed that, unless there is some concrete material produced by the complainant connecting the petitioner with the alleged offence,  the I.O of the case may be directed not to submit the challan before the learned trial Court, as according to learned Counsel, instant F.I.R is the outcome of enmity between the parties on account of matrimonial dispute.

                        From the perusal of contents of instant petition, it appears that petitioner has sought quashment of F.I.R, which is still under investigation by the Investigating Officer, on the ground that said F.I.R has been registered falsely by the complainant, whereas, there is no material available on record to connect the petitioner with alleged crime. It will not be appropriate if the Investigating Officer may be restrained from investigating an F.I.R on the allegations of its being false as it will amount the interference in the criminal proceedings initiated pursuant to Registration of an F.I.R. Moreover, no exceptional circumstances or material have been referred which may require any interference by this Court at preliminary stage, while exercising its  constitutional jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. Accordingly, while dismissing instant petition as not pressed, we would direct the Investigating Officer of the aforesaid F.I.R to investigate into the matter fairly and strictly in accordance with law, whereas, unless there is some concrete material available on record against the petitioner connecting him with the alleged crime, appropriate report shall be prepared under Section 173, Cr.P.C in accordance with law.

                        Petition stands disposed of in the above terms along with listed applications.

JUDGE

JUDGE

A.R.BROHI