ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1831 of 2011

DATE ORDER WITH THE SIGNATURE(S) OF THE JUDGE(S)

1) For Katcha Peshi

2) For hearing of Misc. No.8391/2011

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09.05.2013

Ms. Saira Shaikh, Advocate for Petitioner

Mr. Shahzado Saleem Nahiyoon, A.P.G. along with SIP Muhammad Nawaz of P.S. Sher Shah, Karachi

Ms. Farkhunda Mangi, State Counsel.

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Through instant petition the petitioner has called in question order dated 29.04.2011 whereby the learned Magistrate while accepting the report of the investigating officer recommending disposal of Crime No.12/2011 under section 506-B PPC of P.S. Sher Shah in “A” Class instead disposed of the same in “B” Class.

We have heard the learned counsel for the petitioner and prosecutor and perused the record. The record reflects that the prosecution could not collect the evidence and, therefore, had recommended the disposal of the case in “A” class and there was no cogent reason with the learned Magistrate to dispose of the case in “B” class instead of “A” class as proposed. We, therefore, by partly allowing this petition, would observe that the disposal of the case would be treated in “A” class.

This petition consequently is disposed of in the above terms.

JUDGE

JUDGE

Gulsher/PA