ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-1929 of 2013
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Date Order with signature(s) of Judge(s)

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1) For orders as to non-prosecution of CMA No.11359/2013

2) For Katcha Peshi

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29.05.2013

Mr. Asadullah Burdi, Advocate for Petitioner

Mr. Sher Muhammad K. Shaikh, Addl: A.G. Sindh

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NAIMATULLAH PHULPOTO, J.--- In the instant petition filed on 04.05.2013, petitioner Miss Zohra Najam seeks following reliefs:

(a) To quash the F.I.R. bearing No.173/2013 of P.S. Meethadar, South Karachi.

(b) To pass an order to quash the F.I.R. as and when lodged after or before the filing of the instant petition and no heed should be paid to the same matter(s) in respect of the remaining 24 cheques.

(d) To take strict legal action against the respondents No.3 to 7 in accordance with law.

(e) To direct the respondents not to cause harassment, mental torture and mental agony to the petitioner, her brother and the family members.

(f) Any other relief(s) which this Honourable Court deems fit and proper in the circumstances of the cased and same may be awarded to the petitioner.

(g) Cost of the petition.

Notices were issued to the respondents as well as Advocate General Sindh. Comments have been filed by respondent No.4 in which it is stated case bearing Crime No.173/2013 under section 489-F PPC of P.S. Meethadar, Karachi South has been challaned under section 512 Cr.PC in the Court of Vth Civil Judge and Judicial Magistrate Karachi South against Syed Muhammad Sikandar son of Syed Najamuddin under section 420, 489-F PPC.

Mr. Asadullah Burdi, learned counsel for the petitioner submitted that F.I.R. No.173/2013 under section 489-F PPC of P.S. Meethadar may be quashed as no offence is made out. Investigation officer has falsely challaned the accused in the case.

Mr. Sher Muhammad Shaikh, learned Additional Advocate General Sindh argued that the case has been challaned before the competent court of law, alternate remedy is available to the accused to approach the trial Court and constitution petition is not maintainable.

It is matter of record, that F.I.R. bearing crime No.173/2013 under sections 420, 489-F PPC has been challaned under section 512 Cr.PC in the Court of Vth Civil Judge and Judicial Magistrate Karachi South against accused Syed Muhammad Sikandar son of Syed Muhammad Najamuddin. Petitioner Miss Zohra Najam has not been shown as accused in the F.I.R. or in the challan. Cognizance of the offence mentioned above has already been taken by the competent court of law. Prima facie from facts of case offences under sections 420, 489-F PPC are made out. Accused Syed Muhammad Sikandar is fugitive from the law. In the case of Sher Ali alias Sheri versus The State (1998 SCMR 190) the Honourable Supreme Court has held that, “fugitive from law and Courts loses some of the normal rights granted by the procedural as also substantive law”. No case for quashment of F.I.R/case is made out. Petition is dismissed. Accused in the aforesaid F.I.R. may approach the trial Court for the relief available to him under the law if advised so.

JUDGE

Gulsher/PA