Cr.Misc.A.No.D-114 of 2016

For Katcha Peshi

31.03.2016

Mr. Illahi Bux Jamali advocate for applicant.

Mr. Abdul Rahman Kolachi, Assistant Prosecutor General.

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Pursuant to Court notice Inspector Muhammad Azam Sangi on behalf of SDPO Site, Shamsuddin Bhayo SHO, PS New Pind, Javed Ali Memon SHO PS Site, HC Qurban Ali of PS New Pind shown appearance and filed statements on behalf of respondents Nos.3, 4, 5, 6 and 8, whic are taken on record and copy supplied to learned counsel for the applicant.

Learned State Counsel submits that alleged detainee Toufique Ahmed Mahar was not illegally detained by the police, on the contrary he has been arrested in crime No.28/2016 registered under Section 9 (c) of CNS Act at PS Kandhra, who is no more in police custody and has been sent to jail by the concerned Magistrate.

Learned counsel for the applicant submits that false criminal case has been foisted against the alleged detainee Toufique Ahmed Mahar, who is a deaf and dumb person, in order to cover-up their illegal act of detention of the detainee, whereas, one of his brother namely Touqir Ahmed has been injured in so-called police encounter hence requests that DIG, Sukkur may be directed to conduct inquiry into such allegation.

Since instant criminal miscellaneous application was filed under Section 491 Cr.P.C by the applicant regarding illegal arrest and detention of his brother, who has been arrested by the police in the aforesaid criminal case, therefore, purpose of filing instant case has been served out. Accordingly, instant criminal miscellaneous application is disposed of, however, the applicant will be at liberty to approach concerned authorities including DIG Sukkur or before any competent Court of law agitating his grievance with regard to illegal arrest and involvement of Toufique Ahmed in false case by the police, in accordance with law.

JUDGE

JUDGE

N.M.