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