ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P No. D-   357 of 2019

Date                                                   Order with signature of Hon’ble Judge

Hearing of case

1.     For hearing of main case

2.     For hearing of CMA No.1296/2019

 

12.03.2019

            Mr. Mumtaz Ali Jehangir Lashari Advocate for the petitioner

            Syed Sardar Ali Shah, DPG for the State

Agha Ather Hussain Pathan, AAG Sindh

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                        The petitioner by way of instant Constitutional Petition has sought for quashment of FIR Crime No.18/2019 u/s 506/2, 420, 406 and 34 PPC of P.S Daloi, as same according to him has been lodged by the complainant without any lawful justification.

2.                    It is contended by learned counsel for the petitioner that the FIR has been lodged by the complainant in order to put the petitioner under pressure to recover from him undue money. By contending so, he sought for quashment of the above said FIR, as according to him it has been lodged by the complainant without lawful justification.

3.                    Learned DPG for the State and learned AAG Sindh sought for dismissal of the instant Constitutional petition by contending that the petitioner has not joined the investigation.

4.                    We have considered the above arguments and perused the record.

5.                    Admittedly the petitioner has not joined the investigation, his status at present is that of fugitive, the fugitive from the law could not ask for equitable relief. No reasonable cause even otherwise is advanced by the petitioner which may justify quashing the FIR of the incident at very preliminary stage.

6.                    Consequent upon above discussion, the instant Constitutional petition being misconceived is dismissed with an advise to the petitioner to join the investigation and prove his innocence before the police in accordance with law.

Judge

Judge

 

 

 

ARBROHI