ORDER SHEET.

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constitution Petition No.S-124 of 2020.

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on CMA o. 2808/2020 (U/A).

2. For orders on office objection.

3. For orders on CMA 2809/2020.(Ex. A)

4. For hearing of main case.

17-06-2020.

Mr. Ubedullah Kalwar, Advocate for the petitioner

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1. Granted.

2. Deferred.

3. Granted subject to all just legal exceptions.

4. It is stated by learned counsel for the petitioner that after dismissal of Pre Arrest Bail Application in FIR Crime No. 114/2019 of PS Site Area Sukkur by this Court, the accused nominated therein are not being arrested by the police and they now are harassing the petitioner. By stating so, he sought for direction against the police to arrest the nominated accused of above said FIR for their trial before learned trial Court in accordance with law.

When, where and in what fashion, the petitioner is being harassed by his nominated accused ? It is not pleaded by the petitioner in his petition specifically, which appears to be significant. If for the sake of arguments, it is believed that police has failed to arrest the absconding accused nominated by the petitioner in his FIR, then petitioner has an alternate remedy to exhaust before learned trial Court for doing the needful, which he has failed to exhaust. In that situation, the petitioner could hardly be permitted to exhaust extra ordinary constitutional jurisdiction of this court for seeking direction against the police to arrest his nominated accused under the garb of harassment. Consequently the instant constitutional petition being misconceived is dismissed in limini.

J U D G E

Nasim/P.A