ORDER SHEET                   

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

C.P No. D- 1139 of 2016

______________________________________________________________________        DATE                                     ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

           

 

 

 

03.05.2016

 

Mr. Riaz Ahmed Ghumro advocate along with petitioner.

Mr. Shafique Ahmed Leghari State Counsel a/w SIP Ghulam Qadir Gorchani of Police Line Naushehro Feroze.

 

             

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                        Pursuant to Court notice, SIP Ghulam Qadir Gorchani of Police Line Naushehro Feroze has shown appearance, whereas comments have been filed on behalf of respondents No.2 to 4 along with annexures, which are taken on record, copy supplied to learned counsel for petitioner.

                        SIP Ghulam Qadir Gorchani of Police Line Naushehro Feroze submits that contents of the petition and allegations leveled against him are false and frivolous, whereas alleged detenue namely Asif Ali is required in three criminal cases as detailed in the comments, who had escaped from the police custody, whereafter F.I.R No.25/2016 under section 324, 353, 224, 225, 148, 149 PPC has been registered at Police Station Muhabat Dero district Naushehro Feroze. It has been further stated that Asif Ali has not been illegally detained by the police, however, will be produced before the Court of competent jurisdiction whenever arrested.

                        Learned counsel for the petitioner submits that the brother of petitioner is in illegal detention of respondent No.4 and requests that concerned S.S.P may be directed to conduct enquiry and to ensure that alleged detenue/brother of petitioner shall be recovered and produced before the Court of competent jurisdiction.

                        Accordingly, we would dispose of instant petition, with directions to S.S.P Naushehro Feroze to look into the allegations of the petitioner and to trace out the whereabouts of the Asif Ali and if he is recovered, shall be produced before the Court of competent jurisdiction, whereas compliance report should be submitted before this Court through Additional Registrar of this Court after two weeks from the date of this order.

            Copy of this order be transmitted to S.S.P Naushehro Feroze through Fax to ensure compliance.

            Instant petition is disposed of in the above terms.

 

 

                                                                        J U D G E

 

                                                                                                                         

                                  

  J U D G E

 

 Irfan/PA

 


 

 


 

 

Case law  cited by Mr.Fiaz H.Shah Advocate for petitioner.

1.       2012 YLR 2809

 

2.       2007 S C M R 1958

 

3.       P L D 2013 Sindh 357

 

4.       P L D 2013 Supreme Court 594.

 

 

 

Case law  cited by Mr. Muhammad Zubair Malik Special Prosecutor NAB.

 

1.       2007  P.Cr.L.J 1088

 

2.       2004 S C M R  1889

 

3.       2007 Y L R 541