C.P No. D – 4093 of 2015

 

Date	Order with signature of Judge

 

1.     For order on office objection.

2.     For Katcha Peshi.

 

23-11-2015

 

Mr. Alam Sher Bozdar, advocate for the petitioner.

Mr. Shahariyar Imdad Awan, learned A.A.G.  

Mr. Mian Mumtaz Rabbani, learned D.A.G.

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

          Through captioned Constitution petition, petitioner Liaqat Ali has impugned the order dated 15.10.2015, whereby Cr. Misc. Appln. No. 2002/2015 filed by the petitioner for lodgment of F.I.R, was declined.

2.       Learned counsel for the petitioner has contended that son of the petitioner, namely, Sadaqat Ali left his house on 12.10.2015 at 06:00 a.m. and was kidnapped by the proposed accused, who forcibly administered Kala Namak to his son. Subsequently, petitioner and other co-villagers chased the culprits and rescued his son and considering his serious health condition, he was shifted to Shaikh Zaid Hospital, Rahim Yar Khan for proper treatment, however, he could not survive. Learned counsel further contended that at the first instance, petitioner approached the concerned police for issuance of letter for medical certificate and lodgment of F.I.R, but police did not pay any heed; that where after petitioner filed Cr. Misc. Appln. No. 2002/2015, U/S 22 A-6 (i) Cr.P.C, for lodgment of F.I.R before the learned Sessions Judge/Justice of Peace, Ghotki, which was ultimately dismissed vide impugned order.

3.       After arguing at some length, learned counsel for the petitioner does not press instant petition and submits that petitioner may be permitted to file direct complaint by seeking appropriate alternate remedy against the proposed accused before the concerned court of law.

4.       Learned A.A.G raised no objection.

5.       Considering the above circumstances, instant petition stands disposed of as not pressed. However, petitioner is at liberty to file direct complaint before the concerned court for redressal of his grievance. The trial court will not be influenced by the orders passed by this court as well as learned Justice of Peace, in this regard.

 

                                                                                               Judge

                                                       Judge

Abdul Salam/P.A