ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-634 of 2020

 

Date

               Order with signature of Judge

 

                                               

 

1.         For hearing of main case.

 

06.09.2021

 

Mr. Saeed Jamal Lund, Advocate for the Applicant

Mr. Khalil Ahmed Maitlo, DPG

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            Learned DPG has pointed out that before Vth Additional Sessions Judge, Sukkur, in Criminal Miscellaneous Application No.1392/2020, Circle Officer, Anti-Corruption Establishment, filed his statement dated 05.09.2020, available on record, wherein he requested the Court that if applicant approaches him, he will record his statement and if cognizable offence under ACE Schedule is made out, in the first instance, open enquiry will be conducted after obtaining permission required under Rule 8 from competent authority defined in Rule-2 g Schedule 1 of ACE, 1993, as the same is essential in the first instant before registration of case; however, learned Justice of Peace has passed the impugned order and directed the Applicant to approach SSP (Complaint Cell), Sukkur, which has no nexus with the matter in hand.

            Learned Counsel for the Petitioner, in view of statement filed by Circle Officer, ACE, before learned Justice of Peace, submits that he would be satisfied and will not press this petition if Circle Officer, ACE, may be directed to comply with his earlier statement and act strictly in accordance with law.

Resultantly, instant petition is disposed of with direction to Respondent No.3 to act strictly in accordance with law as well according to statement dated 05.09.2020 filed by him before learned Vth Additional Sessions Judge/Justice of Peace, Sukkur. 

 

 

 

Faisal Mumtaz/ PS                                                                                                                                          JUDGE