ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. Misc.
Application No.S-113 of 2023
Date |
Order with signature of Judge |
1.
For
orders on MA No.1080/2023
2.
For
orders on office objection at flag `A`
3.
For
orders on MA No.1081/2023
4.
For
hearing of main case
20-02-2023
Mr.
Gul Mir Jatoi, Advocate for
the Applicant
12-09-2014
.-.-.-. -.-.-.-.-.-.-.-.-
1.
Granted.
2
to 4. It is
stated by learned counsel for the applicant that the applicant on the basis of
honest investigation was let off by the police and he has been joined in trial by
the learned trial Magistrate without lawful justification by way
of impugned order, such order being illegal is liable to be set aside by this
Court in exercise of its inherence jurisdiction. If the applicant is carrying a
feeling that he is innocent, then he may prove his innocence by joining the
trial. No case for interference with the impugned order is made out.
Consequently, the instant Crl. Misc. Application is
dismissed in limini.
J U D G E
Suleman Khan/PA
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr. B. A No. S– 102 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh case
For
orders on MA 1012/2023
For
orders on MA 1013/2023
For
hearing of bail application
20.02.2023
Mr. Abdul Rasheed Kalwar Advocate for
applicant
-,.-.-.--.-
1.
Granted.
2. Deferred for the time being.
3. Notice to complainant and learned APG.
To be fixed by the office after three weeks.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr.
Misc. A. No. S–75 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh case
For orders on MA 1000/2022
For orders on
office objection
For orders on MA 683/2023
For hearing of main
case
20.02.2023
Mr. Abdul Wahab Shaikh Advocate for
applicant
-,.-.-.--.-
Matter is already fixed on 10.3.2023, same to
be treated as date by Court. Listed application for urgent hearing is disposed
of accordingly.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr.
Misc. A. No. S–105 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh case
1. For
orders on MA 993/2023
2.
For orders on MA 994/2023
3.
For hearing of main case
20-02-2023
Mr.
Zulfiqar Ali Bhutto Advocate for applicant
-,.-.-.--.-
1. Granted.
2. Deferred.
3. It
is stated by learned counsel for the applicant that at least seven persons were
let off by Investigating Officer while submitting challan
and learned trial Magistrate has refused to join them in trial by way of order
dated 23-01-2023; such order being illegal is liable to be set aside by this
Court.
In
first instance, the applicant may examine him and his witnesses and then to
make an application for joining the person, who have been let of by the police,
if they prima-facie are found to be involved in commission of incident. On
filing of such application, same to be disposed of by learned trial Magistrate
in accordance with law.
The
instant Crl. Misc. Application is disposed of
accordingly.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr.
Jail Appeal No. S–100 of 2019
Date
of hearing |
Order
with signature of Judge |
Fresh case
For
orders on MA 1047/2023
For
hearing of main case
20.02.2023
Mr. Badaruddin
Memon Advocate for appellant
-,.-.-.--.-
Matter is already fixed on 06.3.2023, same to
be treated as date by Court. Listed application for urgent hearing is disposed
of accordingly.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr.
Jail Appeal No. S–26 of 2022
Date
of hearing |
Order
with signature of Judge |
Fresh
case
1.
For orders on MA 1042/2023
2. For orders on MA 690/2023
3.
For orders on MA 691/2023
4.
For hearing of main case
20-02-2023
Mr. Deedar
Ali Chohan Advocate for appellant
-,.-.-.--.-
Matter is already fixed on 06.3.2023, same to
be treated as date by Court. Listed application for urgent hearing is disposed
of accordingly.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Constitution
Petition No. S–219 of 2022
Date
of hearing |
Order
with signature of Judge |
Fresh
case
1.
For orders on CMA No. 60/2023
2.
For orders on CMA 40/2023.
20-02-2023
Mr. Saeed Ahmed Chachar Advocate for petitioner
-,.-.-.--.-
1. Granted.
2. By way
of instant petition, the petitioner sought for protection from harassment of
the private respondents, which was already granted in his favour
by learned Ex-Officio Justice of Peace having jurisdiction. On account of
continuous absence of the petitioner and his counsel, the instant petition was
dismissed by this Court for non-prosecution; its restoration is being sought
for by the petitioner by way of listed application. No cogent reason is
advanced, which may justify this Court to restore the instant petition to its
original stage at the cost of its precious time. Consequently the listed
application is dismissed in limini.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr.
Misc. A. No. S–116 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh case
For
orders on MA 1107/2023
For
orders on office objection
For
orders on MA 1108/2023
For
hearing of main case
20.02.2023
Mr. Suhail
Ahmed Khoso Advocate for applicant
-,.-.-.--.-
At the very outset it is stated by learned
counsel for the applicant that he does not press the disposal of instant
application, provided the applicant is permitted to seek remedy before the
trial court. Order accordingly.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Constitution
Petition No. S–26 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh
case
1. For orders on CMA No. 93/2023
2. For orders on CMA No. 94/2023
3. For hearing of main case
20-02-2023.
-,.-.-.--.-
Petitioner and his counsel are
called absent twice.
By way of instant petition, the petitioner
has sought for protection from harassment of the official respondents at the
hands of private respondents, which has already been granted in his favour by learned Ex-Officio Justice of Peace, Ghotki. No further order in that respect is called for by
way of instant petition. It is dismissed in limini
together with listed applications.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Crl. Appeal No. S–28 of 2022
Date
of hearing |
Order
with signature of Judge |
Fresh case
1.
For hearing of MA No. 1780/2022
2.
For hearing of main case
20-02-2023
Mr. Muhammad Tariq Metlo Advocate for appellant
-,.-.-.--.-
Adjourned. To be
fixed after three weeks.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr.
Revision Application No. S–03 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh case
1. For orders on MA 1101/2023
2. For orders on office objection
3. For orders on MA 377/2023
4. For orders on MA 378/2023
5. For hearing of main case
20-02-2023
Mr.
Ali Murtaza Shah Advocate for applicant
-,.-.-.--.-
1. Granted.
2. Office objection complied with
4. Deferred.
3
to 5. It is contended by learned counsel for the
applicant that on change of jurisdiction, learned trial court bifurcated the
cases, which previously were amalgamated by learned ATA Court and then declined
to recall and re-examine the witnesses already examined by way of impugned
order, such order being illegal is liable to be set aside.
Point raised requires consideration.
Issue notice to respondents and APG. To be fixed after three weeks.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Constitution
Petition No. S–28 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh
case
1. For orders on CMA No. 100/2023
2. For orders on office objection
3. For orders on CMA No. 101/2023
4. For hearing of main case.
20-02-2023.
Mr.
Abdul Sattar Mahesar Advocate
for petitioner
-,.-.-.--.-
1. Granted.
2. Deferred for the time being.
3. Deferred.
4. The Petitioner by way of instant
petition has sought for protection from harassment of the private respondents
and their arrest being absconders. If the private respondent are absconders,
then learned trial Court could be moved for their arrest. If the petitioner is
actually being harassed by the private respondents, then he may seek protection
from such harassment by approaching learned Ex-Officio Justice of Peace having
jurisdiction. Consequently, the instant petition being misconceived is
dismissed in limini.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr.
Misc. A. No. S–114 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh case
1. For orders on MA 1102/2023
2.
For orders on office objection
3. For orders on MA 1103/2023
4.
For hearing of main case
5. For orders on MA 1104/2023
20-02-2023
Mr.
Mansoor Hussain Metlo Advocate for applicant
-,.-.-.--.-
1. Urgency granted.
2. To
be complied with within three days.
3. Deferred.
4. It
is contended by learned counsel for the applicant that the applicant is disputed
with private respondent over landed property, who now is intending to involve
him in a false case of ineffective firing only to settle with him such dispute
and as per report of the police, no incident as alleged by the private
respondent has taken place and such report has not been considered by learned
Ex-officio Justice of Peace, in impugned order whereby he has directed DSP
Complaint Redressal Cell Naushahro
Feroze to conduct inquiry and issue of direction to
SHO concerned to redress grievance of the private respondent.
Point
raised requires consideration. Issue notice to respondents and learned APG. In
the meanwhile operation of impugned order is suspended till next date of
hearing. To be fixed after three weeks.
JUDGE
Rafi
ORDER SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Constitution
Petition No. S–30 of 2023
Date
of hearing |
Order
with signature of Judge |
Fresh
case
1. For orders on CMA No. 108/2023
2.
For orders on CMA No. 109/2023
3.
For hearing of main case
20-02-2023
Mr. Ali Murad
Malano Advocate for petitioners
-,.-.-.--.-
1.
Granted.
2.
Deferred.
3. The petitioners by way of instant
petition have sought for protection from harassment of the private respondents,
which has already been granted in their favour by
learned Vth Additional Sessions Judge/Ex-Officio
Justice of Peace, Sukkur. No further order by this Court on this petition is
called for, consequently it is dismissed in limini.
J U D G E
Rafi