ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

C.P No. D- 2150 of 2016

______________________________________________________________________        DATE                                     ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

           

1.            For katcha Peshi.

2.            For hearing of CMA 5861/2016 (Stay)

 

 

01-06-2016.

 

Mr.Illahi Bakhsh Jamali Advocate along with petitioner No.1.

 

Mr. Liaquat Ali Shar Addl.A.G along with Altaf Hussain S.S.P Naushehro Feroze, Muhammad Umar Shahani D.S.P Mehrabpur, Imtiaz Ahmed PDSP, Mustafa Hussain S.H.O Police Station Bhirya and SIP Muhammad Uris Sahito  Investigating officer of Police Station Bhirya.

 

 

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                        Pursuant to Court directions, Altaf Hussain S.S.P Naushro Feroze and S.H.O Police Station Bhirya have shown appearance and have filed reply to explanation and written statement, which are taken on record.  According to S.S.P, S.H.O has been suspended and enquiry has been initiated against him.

Investigating Officer of the case present in Court and submits that he has investigated the case and recommended the case for disposal in ‘C’ Class. Investigating Officer has recorded the statement of Mst. Yasmeen, wherein she has stated that she has contracted free will marriage out of her own free will without any coercion or pressure  with petitioner No. 2 namely Haq Nawaz and the allegations leveled in F.I.R No.37/2016 are totally frivolous and false.  Counsel for the petitioners submits that in view of the statement of Mst. Yasmeen recorded by the I.O, F.I.R may be quashed.

                        Learned Addl. A.G submits that Investigating Officer may be directed to submit such report before the concerned Magistrate, while approving the same in ‘C’ Class and thereafter compliance report may be submitted to this Court.

                        In view of hereinabove facts and circumstances of the case and the statement of Mst. Yasmeen recorded by Investigation Officer, instant petition is disposed of with directions to Investigating Officer to submit report under section 173 Cr.P.C for disposal in ‘C;’ class before the concerned Magistrate, who shall pass appropriate order within one week, whereafter compliance report shall be submitted to this Court through Incharge Additional Registrar of this Court within two weeks. S.S.P Naushehro Feroze is directed to conduct enquiry against the concerned S.H.O and other delinquent officials who according to petitioners are causing harassment  and occupying their houses, whereas legal protection shall be provided to them in accordance with law.

                        The petition stands disposed of in above terms along with listed application.

                                                           

                                               

                                                                        J U D G E

 

                        JUDGE

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Irfan/PA