ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C.P. No. S- 2416 of 2011

Date Oder with Signature of Hon’ble Judge

Priority case

1. For orders on office objection at flag ‘A’

2. For hearing of main case

01.04.2019

Mr. Abdul Sattar Soomro Advocate for the petitioner

Mr. Zulfiqar Ali Naich, AAG Sindh

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Irshad Ali Shah, J;- The petitioner by way of instant Constitutional petition has sought for direction against SHO Police Station Khambra to record statement of the petitioner u/s 154 Cr.P.C against the proposed accused for having confined her son Nazir Ahmed illegally.

2. It is contended by learned counsel for the petitioner that the proposed accused being police officials have acted contrary to law by confining Nazir Ahmed, the son of the petitioner without lawful justification, as such they are liable to be prosecuted for the said offence. By contending so, he sought for direction against SHO P.S Khambra to record statement of the petitioner u/s 154 Cr.P.C.

3. It is contended by learned AAG Sindh that the petitioner is having an alternate remedy u/s 200 Cr.P.C to exhaust. By contending so, he sought for dismissal of instant Constitutional petition.

3. I have considered the above arguments and perused the record.

4. If for the sake of arguments, it is believed that the proposed accused being police officials have detained Nazir Ahmed, the son of the petitioner contrary to law then it constitutes a offence punishable u/s 220 PPC, which is not cognizable in its nature. No FIR could be ordered to be recorded for the offence which is non cognizable in its nature. Consequently, the instant Constitutional petition is dismissed with an advise to the petitioner to exhaust the alternate remedy u/s 200 Cr.P.C.

Judge

ARBROHI