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