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
`
Irfan/PA