ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No.D-1759 of 2019

Date	Order with signature of Judge

Hearings of case ;

For orders on CMA No.8272/2019

For orders on CMA No.7771/2019

For hearing of main case

30.01.2020

Mr. Muhammad Aslam Shahani, Advocate for petitioner

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Through this petition, the petitioner has prayed for following reliefs;

“a). That this Honorable court may be pleased to direct the Respondents No.2 to 4 to submit the report u/s 173 Cr.PC before the Court of law having jurisdiction in accordance with law.

b). To direct the respondent No.3 and 4 to arrest the Respondent No.5 to 7 in the above crime according to law.

c). That direct the respondents NO.2 and 3 not to harass, humiliate and pressurized the petitioner for patch up with the Respondents No.5 without due course of law.

d). To grant any other equitable relief alternate relief, which this Honourable Court deems fit and proper in the circumstances of the case.”

Counsel for the petitioner, vide order dated; 10.12.2019 was directed to satisfy this Court on the point of maintainability of this petition. Learned counsel submits that petitioner approached respondent No.4 / Investigation Officer of Crime No.50/2017,

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registered at Police Station FIA Crime & AHT Circle, Sukkur for submission of the challan / final report against accused before the Court of competent jurisdiction but yet there is no progress.

M/S Syed Sardar Ali Shah, DPG and Shahryar Imdad Awan, AAG present in Court waive notice and argue that under the Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, directions cannot be issued to the Investigation Officer for submission of the challan / final report against accused.

Law is settled by now that no Court can insist that a challan of a case must be submitted against any particular person and this legal position had been clarified by the Hon’ble Supreme Court in the case of Muhammad Nasir Cheema v. Mazhar Javaid and others (PLD 2007 Supreme Court 31).

For the above stated reasons and legal position, no direction can be issued by this Court for submission of a challan against any particular accused. Hence, this petition is dismissed.

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J U D G E

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J U D G E

G.M/Steno