HIGH COURT OF SINDH AT
KARACHI
Crl. Misc. Application No.308
of 2012
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Date Order with signature
of Judge
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Date
of hearing 28.11.2012
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Mr. Muhammad Iqbal, Advocate for the
Applicant.
Mr. Abrar Khichi APG.
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SYED HASAN AZHAR RIZVI J: Being aggrieved and dissatisfied with the order dated 19.11.2012 passed by the learned District & Sessions Judge, Karachi-West whereby Application under Section 22-A Cr.P.C. filed by the Applicant was dismissed, Applicant has filed the present Criminal Misc. Application.
Brief facts of the case are that the alleged incident was happened on 07.10.0212 and on the same day Zahoor Khan son of Mehmood Khan resident of Village Wuch Gagaray Post Office & Tehsil Jamrod District Khyber Agency KPK, holding CNIC No.21201-0688191-1, Phone No.0302-8056875 reported the incident at Maripur police station that he is owner of Trawler No.C-1056 and on 07.10.2012 he alongwith his brother Taimoor Khan after loading (02) NATO vehicles from Karachi Port Trust proceeded for transportation the same to Afghanistan. While they were on the way at about 1415 hours when reached at Northern By-Pass suddenly fire torch up in the rare portion of his Trawler due to wiring short-circuit, which resulted in damaging his trawler and one Nato vehicle, whereupon a report under section 427 PPC was lodged.
After about one month on 12.11.2012 one Kamran Khan claiming himself to be the representative of the Applicant wrote a letter to the Superintendent of Police, Kemari, Karachi approached to Superintendent of Police, Keamari, Karachi by filing letter enclosed as Anenxure “D” and stated that on their investigation driver told them that few unknown militants came to his truck and they set the truck on fire and beaten him too and they said to him if he told anyone about the incident they will fine and kill him, therefore, under the fear the driver did not inform the police about actual facts. A request was made to the SP to lodge FIR upon the facts/grounds mentioned in the above letter.
Learned Counsel for the Applicant submitted that the police upon repeated requests did not hear them. He further contended that police kept the driver under unlawful custody and threatened him to say words which they want otherwise, he will be booked in that case. Learned Counsel further contended that the impugned order suffers from illegality and infirmity and the same is liable to be set-aside.
Learned APG supports the impugned order and submitted that the learned Sessions Judge has rightly passed the order and no illegality or irregularity is appearing in the said order. He contended that the incident was narrated by the driver on the day of incident. The Applicant has approached after an unexplained delay of about 05 weeks to the police for registration of the case on new grounds, which are not admissible under law and instant Criminal Misc. Application is liable to be dismissed.
I have heard Mr. Muhammad Iqbal Advocate for the Applicant, Mr. Abrar Khichi learned APG and perused the material available on record with their assistance.
On perusal of record, it reveals that on the same day one Zahoor Khan son of Mehmood Khan claiming to be the owner of the Trawler No.C-1056 reported the matter to the police on the same day of incident and after more than a month one Kamran Khan allegedly serving with the Applicant wrote a letter dated 11.12.2012 to SP, Kemari, Karachi but no designation of said Kamran Khan was mentioned in the letter. In the said letter the Applicant tried to twist the story and stated that the driver was scared as the militants, who attached the truck, threatened to kill him if he told the incident to anyone whereas in the instant application the Applicant has stated that the police on repeated requests did not hear them, ultimately they kept the driver under unlawful custody and threatened him to say words which they want otherwise, he will be booked in this case. But such fact is neither mentioned in the Applicant’s letter addressed to S.P. nor in the Application filed under section 22-A Cr.P.C.
In the authority letter enclosed with the instant Application neither the designations of Mr. Kamran Ali, who authorized Mr. Saleem Khan has been mentioned, so also no resolution of the company has been produced by the Applicant before this Court or before the Justice of Peace/Sessions Judge when admittedly the Applicant is a private limited company. It would not be out of place to mention here that the instant Application has been filed by Saleem Khan and on the other hand affidavit in support thereof has been sworn by Zahoor Khan alleged driver of the Applicant.
In view of above facts and circumstances, I do not find any reasons to interfere in the impugned order, which has rightly been passed by the learned Justice of Peace/Sessions Judge and no illegality and irregularity is appearing in the same.
Above are the reasons of my short order dated 28.11.2012, whereby the instant Criminal Misc. Application was dismissed.
Karachi
Dated : ____________ JUDGE