ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Crl. Misc. Appl. No.S-408 of 2009                             

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         FOR ORER ON MA 2976/09.

2.         KATCHA PESHI.

25.11.2009.

Mr. Zahoor Ahmed Baloch Bhagwan Das Bheel , advocate for applicant.

Mr. Shahid Ahmed sheikh Assistant Prosecutor General Sindh for State

                                                                        =                     

1.         Granted.

2.         It is inter alia contended by the learned counsel for the applicant that the impugned order passed by the learned IInd Additional Sessions Judge Shaheed Benazirabad is against the law and facts and the same is not speaking order.

The learned Assistant Prosecutor General Sindh representing the State supported the impugned order while contending that same is just and proper and does not call for any interference.

Perusal of record reveals that names of the respondents Iftikhar and Najamuddin do not appear in the FIR as well as in 161 Cr.P.C statement of P.W Safdar, who is said to be the eyewitness of the alleged incident. The names of the respondents No.1 & 2 were disclosed by the complainant and P.W. Safdar Hussain after 16 days of lodging the FIR. I am unable to find out any illegality in the impugned order, as the same has been passed on the basis of settled principles of law, therefore, warrants no interference by this court.

This Criminal Misc. Application No.408 of 2009 stands dismissed in limine alongwith listed applications.

                                                                                                                 JUDGE

A.K