ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.NO.D-6243 of 2023

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Date                            Order with Signature(s) of Judge(s)

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Hearing

1.                  FOR ORDERS ON OFFICE OBJECTION

2.                  FOR HEARING OF MAIN CASE

 

 

20.03.2024

 

Mr. Salahuddin Chandio, advocate for the petitioners

M/s. Hakim Ali Shaikh and Saghir Abbasi Addl. A.Gs

Mr. Shariq Mubashir, AAG

Mr. Zafar Ahmed Khan, Addl. P.G

Mr. Mansoor Ahmed Turk advocate for respondents No. 3 to 7

SIP Muhammad Ali Ansari, PS Thatta and I.O ASI Niaz Muhammad Shar of PS Makli are present in person

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This petition is filed under Article 199 of the Constitution for seeking following reliefs:

 

a.      This Hon’ble Court may be pleased to quash the instant FIR bearing No.14 of 2023 PS Thatta lodged by private respondent No.5 against the petitioners as no such incident is taken place.

 

b.      To direct the respondent No.2 to record statement of petitioners as per law and regarding causing harassment, severe mental torture and extending threats for killing to the petitioners and their family members and other consequences also.

 

c.      In view of above narrated facts and circumstances to direct official respondents to provide legal protection, security and safety to the petitioners and his family members as they are being threating by the private respondents continuously as they are highly influential persons.

 

d.      To direct the official respondents not to lodge any other fake FIR against the petitioners at the instigation of private respondents in future.

 

e.      Any other relief this Hon’ble Court may deem fit and proper under the circumstances of this case.

 

            Notices were issued to the respondents, AG and PG. Parawise comments are filed by respondent No.1 and respondent No. 2, same are taken on record. In the comments, it is mentioned that report under Section 173 Cr.P.C has been filed in FIR No. 14/2023 for offences under Sections 324/337-F(i)/34 PPC registered at P.S Thatta before competent court of law. Addl. P.G submits that this petition has been filed mainly for quashment of the aforesaid FIR. However, counsel for the petitioners submits that police officials are causing harassment to the petitioners.

            Trial Court has already taken cognizance of the offences. The law is quite settled by now that after taking of cognizance of a case by a trial court, the F.I.R. registered in that case cannot be quashed and the fate of the case and of the accused persons challaned therein is to be determined by the trial court itself. It goes without saying that if after taking of cognizance of a case by the trial court an accused person deems himself to  be  innocent  and  falsely  implicated  and  he  wishes  to  avoid  the rigours  of  a  trial  then  the  law  has  provided  him  a  remedy  under sections 249-A/265-K, Cr.P.C. to seek his premature acquittal if the charge against him is groundless or there is no probability of his conviction as held in the case of Director General, Anti-Corruption Establishment, Lahore and others vs. Muhammad Akram Khan and others (PLD 2013 S.C 401).

            In the view of above legal position, this petition is disposed of. However, petitioners/accused would be at liberty to avail remedy before the trial Court available under the law. So far allegation of harassment against the police officials is concerned, Addl.AG undertakes that police officials shall act strictly in accordance with law.

            JUDGE

           

            JUDGE

Musharraf Ali