ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D-1055 of 2015

 

Date

               Order with signature of Judge

 

1.     For Katcha Peshi.

2.     For hearing of C.M.A No. 3060/2015.

 

28-03-2016

 

M/s Muhammad Farooq Abro and Gulzar Ali Malano, advocates for the petitioners.

Mr. Haji Shamsuddin Rajper, advocate for respondent No.2.

Mr. Shafique Ahmad Khan, learned State counsel.

Mr. Zulfiqar Ali Jatoi, learned D.P.G for the State.

.-.-.-.-.-.-.-.-.-.-.-.-.

          After hearing the parties at some length and from perusal of the record and the impugned order passed by the learned trial court while accepting challan, prima facie it appears that the same does not suffer from any error or illegality, whereas, it has been further informed that the F.I.R against the petitioners has been registered pursuant to order dated 05.01.2015 passed by the learned Single Judge of this Court in C.P No. S-3438/2014. Since a cognizable offence has been reported by the complainant regarding murder of her 13 years son namely Muhammad Usman in a fake police encounter by the petitioners therefore, we do not find any substance in the instant petition, whereby the cognizance taken by the court has been disputed. Moreover, the truth as to allegations may be determined after evidence the proceedings before the trial court in accordance with law.

          Accordingly, instant petition being devoid of any merits  is dismissed along with the listed application. However, the petitioners will be at liberty to seek their remedy by approaching the appropriate forum and court in accordance with law.

                                                                                             Judge

                                                                      Judge

Abdul Salam/P.A