ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        2221   of 2016

 

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

FOR KATCHA PESHI

20th. May, 2016.

 

                        Mr. J. K Jarwar, Advocate a/w Shah Nawaz & Muhammad Nawaz.

Mr. Noor Hassan Malik, Asstt: A.G along with  SIP Habibullah Mari, SHO P.S Halani & ASI Muhammad Chhuttal of P.S Halani.

 

                        Pursuant to court directions, the respondents No.5 & 6  SHO Police Station, Halani and ASI Muhammad Chhuttal Khushikh, I/C PP Kotri Muhammad Kabir, have shown appearance and filed statements along with annexures, which are taken on record, copy supplied to learned Counsel for the petitioner, whereas, Shahid Ali Memon, the complainant of Crime No.54/2016 U/s 382 PPC has also shown appearance and has denied the allegations of false implication of Mumtaz Ali in the aforesaid F.I.R.

                        Learned Counsel for the petitioner submits that keeping in view the facts and circumstances of instant case, which are evidence from record, as the police of Police Station, Halani has illegally detained Shah Nawaz and his brother Muhammad Nawaz for about 4/5 days at the instance of present complainant Shahid Ali Memon, whereas, when Mumtaz Ali, the brother of present petitioner filed an application U/s 491, Cr.P.C before the Court of learned Sessions Judge, Naushahro Feroze, who was pleased to order for conducting raid at police station, Halani, but the detainees were shifted to another place and in retaliation thereof, the police of Halani has falsely involved and arrested Mumtaz Ali, when he approached for lodging an F.I.R at police station, Halani regarding illegal arrest and confinement of his two brothers. It has been further stated that the police of police station, Halani has become biased; therefore, investigation of Crime No. 54/2016 U/s 382 PPC may be assigned to DSP Abdul Qudoos Kalwar.

                        Keeping in view hereinabove facts and circumstances, we dispose of instant petition with direction to DSP Abdul Qudoos Kalwar to conduct fair, impartial and honest investigation of Crime No.54/2016 U/s 382 PPC of police station, Halani and submit such report before the learned trial Court for disposal of the case.  Let the copy of this order along with relevant documents shall be provided to DSP Abdul Qudoos Kalwar. Whereas, S.H.O Police Station, Halani is directed to ensure that no harassment whatsoever shall be caused to the petitioner.

 

JUDGE

JUDGE

A.R.BROH