ORDER
SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR.
C.P No. D- 1342 of 2016
_____________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1. For orders on CMA 3661/2016 (U/A)
2. For orders on CMA 3662/2016 (Ex)
3. For katcha Peshi
10.05.2016
Mr.Shaiwak Ram Valecha Advocate for
petitioner.
…….
Through instant
petition, the petitioner intends to get the inquiry dated 02.08.2012 set aside,
which was conducted by respondent No.2 in respect of crime No. 78 of 2012
registered at Police Station Setharja district Khairpur, on the grounds that while such inquiry was being conducted
the petitioner, who is the complainant in the aforesaid crime, was not
associated. It has been stated by learned counsel for the petitioner that
similar petition No.S-2241/2012 was filed before the learned Single Judge of
this Court, however, the same has been dismissed for
the reason that during pendency of such petition, the inquiry was concluded and
challan was submitted before the trial Court.
From perusal of record
it appears that such enquiry was conducted in the year 2012, which according to
learned counsel for petitioner, was placed on record before learned trial Court,
however, the petitioner did not press the earlier petition, for the reasons
best known to the petitioner. Admittedly, the challan
has already been submitted before the competent Court of jurisdiction, whereas,
petitioner has not filed any application before learned trial Court challenging
such inquiry.
It appears that learned
trial Court has not taken cognizance of such inquiry, nor any supplementary challan has been submitted before the learned trial Court pursuant
to such inquiry as nothing has been placed on record in this regard. In view of
above facts and circumstances, we do not find any substance in the instant petition
which suffers from latches. Moreover, the petitioner is at liberty to approach
learned trial Court and to dispute such inquiry report if the learned trial
Court has taken cognizance on such report.
Accordingly, instant
petition is dismissed in limine along with listed applications.
J
U D G E
`
Irfan/PA J U D G E