IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Constt: Petition No.D–188 of 2019.

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE.

1. For orders on CMA No.667/2019.

2. For orders on O/objection at flag-A.

3. For orders on CMA No.668/2019.

4. For hearing of main case.

14.02.2019

Mr. Mohammad Qayoom Arain Advocate for petitioner.

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The petitioner Ali Mohammad Dharejo through instant petition has prayed as under;

a) To pass order to re-investigate/Re-Enquiry the Crime No.55/2018 by an honest office,

b) To direct the office to take evidence from other than villagers and resident of the Mohallah.

b) To grant any other relief which may deems fit and proper under the circumstances of the case.

The brief facts for disposal of instant Constitution Petition are that petitioner and his relatives have falsely been implicated by the respondent No.5 in FIR bearing Crime No.55/2018 lodged at Police Station Cantt: under Sections 457/2, 354, 376, 506/2, 34 PPC, the said matter was investigated by I.O. and he recommended for disposal of FIR under ‘B’ Class. Thereafter further investigation was conducted and such report was submitted before learned Magistrate who took cognizance.

Learned Counsel for petitioner contended that the petitioner is not satisfied with the further investigation therefore, he has prayed for re-investigation.

We have considered the arguments of learned Counsel for petitioner and have perused the record. Perusal of file reflect that SDPO Rohri after conducting further investigation submitted such report before concerned Magistrate who took cognizance and issued BWs against the petitioner, therefore, instant petition is not maintainable before this Court hence, instant petition is dismissed with no order as to costs along with listed applications, however petitioner may approach learned trial Court for appropriate remedy available under the law.

J U D G E

J U D G E

Ihsan.