ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.S-367 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection “A”.

02. For orders on M.A.No.754/2020 (E/A).

03. For hearing of main case.

06.12.2021

                        Mr. Faiz Muhammad Larik, Advocate for the petitioner.

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                        It is contended by learned counsel for the petitioner that SHO, P.S Bakhshapur be directed to record 161/162 Cr.PC statements of the petitioner and her  witnesses, which she intends to produce before him to unearth the real culprits who have committed murder of her daughter Mst.Namarzai.

                        Heard arguments and perused the record.

                        The FIR of the incident was lodged by ASI Ghulam Qadir of P.S Bakhshapur on behalf of the State and such case has finally been challaned at least a year ago. The petitioner by claiming to be mother of the deceased obviously is seeking re-investigation of the case under the garb of recording of her 161/162 Cr.PC statements together with statements of her proposed witnesses, obviously to substitute/add/omit the culprits, who have been involved in above said incident by the police; such permission could hardly be granted by this Court in exercise of its constitutional jurisdiction at this belated stage, if it is granted then it would defeat the trial of police case at the cost of precious time of learned trial Court.

                        In case of Bahadur Khan Vs. Muhammad Azam and 02 others (2006 SCMR-373), it has been observed by the Honourable Apex Court that;

“The system of reinvestigation in criminal cases is a recent innovation which is always taken up at the instance of influential people and favourable reports obtained which in no way assist the Courts in coming to a correct conclusion, had created more complications to the Court administering the justice, therefore, expressed its disapproval of this system altogether and; successive investigation of the case, as rightly observed by the learned High Court that it only retards the administration of justice of justice instead of providing any assistance thereto”.

                        In view of above, the instant constitutional fails and it is dismissed in limine together with listed application.    

JUDGE