Order
Sheet
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Crl.
Misc. Application No.S-431 of 2020
Date |
Order with signature of Judge |
1.
For Orders on office objection.
2.
For hearing of main case.
23-09-2021.
Mr. Mushtaque
Ahmed Shahani, advocate for the applicant.
Mr. Aftab Ahmed Shar, APG for the
State.
.-.-.-.-.-.-.-.-.-.-.-.-.
Through
the instant Crl. Misc. Application, the applicant has impugned the order dated 11-04-2020
passed by 1st Civil Judge/Judicial Magistrate Ghtoki, wherein the
investigating officer of Crime No. 234/2019 offence u/s 320, 279 PPC registered
at police station A-Section Ghotki has recommended the case for its disposal in
“A” class and such summary was approved.
Learned counsel for the applicant has
contended that during the course of investigation, name of accused Asif Ali and
one unknown accused surfaced, but several times, the investigation of the case
has been changed from one investigating officer to another, who have not
bothered to investigate the matter impartially, even the opinion of vehicle
inspector was not sought and lastly submits that impugned order may be set
aside and SSP Ghotki may be directed to transfer the investigation of the case
of the applicant to another impartial officer not below the rank of DSP, such
proposal is not opposed by learned APG for the State.
In view of above, the impugned order
is set aside with direction to SSP Ghotki to transfer/handover the
investigation of above said crime to an impartial and honest officer nor below
the rank of DSP. The instant Crl. Misc. Application is disposed of in above
terms.
Judge
Nasim/P.A