ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No. D-118 of 2016

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For katcha Peshi.

(Notice issued)

29.03.2016

Mr. Muhammad Sadiq Ansari, advocate along with applicant.

Mr. Abdul Rehman Kolachi A.P.G along with Inspector Muhammad Ameen Pathan S.H.O of P.S. ‘A’ Section Khairpur/S.I.O of crime No.52/2014 Police Station Kumb, SIP Zulifqar Ali Chachar S.H.O P.S Shah Hussain, SIP Piyar Ali S.H.O Police Station Kumb and alleged detenue Sajjad Ali.

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Through instant Cr. Misc. Application filed under section 491 Cr.P.C, the petitioner has sought for directions of this Court to the S.S.P Khairpur to release her son namely Sajjad Ali son of Bakht Ali Shaikh.

Notices were issued, pursuant to which Inspector Muhammad Ameen Pathan S.H.O of Police Station ‘A’ Section Khairpur/S.I.O of crime No.52/2014 of Police Station Kumb, SIP Zulifqar Ali Chachar S.H.O Police Station Shah Hussain and S.I.P Piyar Ali of Police Station Kumb have shown appearance and filed their respective comments along with annexures, whereas alleged detenue Sajjad Ali has been produced by Inspector Muhammad Ameen Pathan S.I.O of crime No.52/2014 of Police Station Kumb, whereas it has been stated that alleged detenue is required in three criminal cases, whereas F.I.R bearing crime No. 52/2014 under section 365 PPC which was registered at Police Station Kumb about her abduction has already been disposed of in ‘A’ Class as the accused was not traceable. However, on an application filed before Honourable Supreme Court of Pakistan, in human rights case, such enquiry has been
re-opened, whereas, further statement of complainant Ashique Ali and P.Ws Mehran Khan and Salamat Ali were recorded, who have nominated the alleged detenue Sajjad Ali in above crime, whereas, he is also required in two other crimes bearing Nos. 80/2015 under section 392, 34 PPC registered at Police Station Setharja and crime No.27/2015 under section 392 PPC registered at Police Station Faiz Muhammad Narejo. It has been further stated that alleged detenue Sajjad Ali was arrested on 28.03.2016 in crime No. 52/2014 and he was to be produced before the Court of Civil Judge & Judicial Magistrate-II Kotdiji for obtaining remand, however in view of directions of this Court, he is produced before this Court.

Learned counsel for the petitioner submits that Sajjad Ali son of petitioner was illegally detained and arrested by the respondents on 23.03.2016 and his arrest has been wrongly shown on 28.03.2012 in aforesaid crime, whereas, he has been falsely involved at the instance of D.S.P Mir Liaquat Ali Talpur who is supporting the caste fellows of the petitioners with whom there is enmity of petitioner and the detenue. It has been further stated that detenue has been seriously beaten and maltreated at the hands of police.

Instant petition was filed by the petitioner on the allegation that her son namely Sajjad Ali has been illegally detained by the police without registration of F.I.R, whereas as per statement filed on behalf of the respondents along with copies of F.I.Rs it appears that son of petitioner is required in aforesaid criminal cases. The police officials present in Court have denied the allegation of maltreatment to detenue and assured that the petitioner’s son will not be maltreated, and today they will obtain the remand of petitioner’s son from the concerned Judicial Magistrate.

In view of hereinabove facts and circumstances of the case, we would dispose of instant petition with the directions to Inspector Muhammad Ameen Pathan S.H.O Police Station ‘A’ Section Khairpur./S.I.O of crime No.52/2014 under section 365-B PPC of P.S Kumb district Khairpur to ensure that alleged detenue will not be maltreated in any manner and will be produced before concerned Magistrate today for the purpose of obtaining remand. However, the concerned Magistrate may consider the request of remand strictly in accordance with law, keeping in view herein above facts and the allegation of harassment. The concerned Civil Judge/Judicial Magistrate will also examine Sajjad Ali regarding allegations of maltreatment, and if deems necessary he may be referred to medical examination. Investigation Officer of the case may further investigate the matter in accordance with law. However, pursuant to the order passed by the concerned Magistrate, the petitioner is at liberty to seek remedy in respect of the aforesaid F.I.Rs including quashment of F.I.R and to obtain bail in accordance with law, before the concerned forum.

Instant petition is disposed of accordingly.

JUDGE

Irfan/PA