Cr.Misc.A.No.D-121 of 2016

For Katcha Peshi

08.04.2016

Applicant present in person along with alleged detainees Manthar Hussain and Khadim Hussain.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Instant criminal miscellaneous application was filed by applicant Ali Akbar seeking production of his brother Manthar Hussain s/o Mumtaz Hussain and cousin Khadim Hussain s/o Ali Muhammad, who according to applicant, were arrested by police on 26.03.2016 at about 12-00 noon while they were sitting in their house.

Notices were issued, pursuant to which SIP Musawar Hussain Qureshi, SHO, PS, Ranipur, WHC Nazar Ali and PC Gulshan Ali shown appearance, whereas statement has been filed on behalf of respondent No.3 SHO, PS, Ranipur along with copy of FIR No.43/2016 dated 26.03.2016 registered at PS Ranipur under Section 3/4 Enforcement of Hudood Ordinance, wherein the alleged detainee Manthar has been shown as accused. The alleged detainee Khadim Hussain present in Court has stated that he was illegally arrested and detained by the police and has been released after accepting illegal gratification, whereas, a false FIR has been registered against Manthar Hussain as he could not pay the amount to the SHO, PS, Ranipur, who is continuously issuing threats of dire consequences and there is apprehension that the applicant and the alleged detainees will be involved in other false cases. SIP Musawar Hussain Qureshi, SHO, PS, Ranipur, present in Court denies such allegations and submits that Manthar Hussain is required in aforesaid crime and was arrested legally, whereas, police has never arrested and detained the alleged detainee Khadim Hussain. He has further stated that no illegal gratification has been accepted by them.

Learned DPG submits that since the purpose of filing instant criminal miscellaneous application is served out, whereas, one of the alleged detainee is present and other required in criminal case, has been granted bail, therefore, instant criminal miscellaneous application may be disposed of.

Accordingly, we dispose of instant criminal miscellaneous application, however, with directions to the SSP, Khairpur, to conduct an inquiry into the allegations of the applicant and the alleged detainees by associating them with such inquiry and in case the allegations of the applicant and alleged detainees are found to be correct, appropriate action shall be taken against the delinquent officials and compliance report may be submitted to this Court through Additional Registrar, within 15 days from the date of receipt of this order. The IO of aforesaid FIR is also directed to ensure that the FIR may be investigated fairly.

Instant criminal miscellaneous application stands disposed of in the above terms.

JUDGE

JUDGE

N.M.