ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Constt.Petition No.D-277 of 2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

Before:

                                                        Mr. Justice Irshad Ali Shah.

                                                                                           Mr. Justice Arbab Ali Hakro.

1. For orders on M.A.No.1036/2023.

2. For orders on office objections ‘A’.

3. For orders on M.A.No.1037/2023.

4. For hearing of main case.

17.05.2023

                        Mr. Mujahid Ali Jatoi, Advocate for the petitioner.

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 It is the case of petitioner that his brother Muhammad Sharif who is Constable in Police Department, has been involved in a false case for an offence punishable under Section 9(c) of CNS Act, for being in possession of 9850 grams of Charas by Complainant ASI Noor Ahmed of P.S Civil Line, Jacobabad at the instance of his officers. By maintaining such facts, he by way of instant petition has sought for direction against the respondents to conduct impartial inquiry by an officer not below the rank of A.S.P.

                        It is contended by learned counsel for the petitioner that re-investigation would help the learned trial Court to arrive at right conclusion.

                        Heard arguments and perused the record.

                        The circumstances indicate that the cognizance of the case has already been taken by the Court having jurisdiction, therefore, in such situation, it would be unjustified to order re-investigation of the case under the garb of inquiry that too at the instance of the petitioner who is not concerned with the case directly.

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

“System of re-investigation is recent innovation which is always taken up at the instance of influential person for obtaining favorable report which in no way assists the Court in coming to a correction conclusion rather creates more complications in way of administration of justice”.

                        In view of above, the instant petition being misconceived is dismissed in limine together with listed applications, directing the petitioner to advice his brother to prove his innocence at appropriate stage of trial.

JUDGE

JUDGE