ORDER SHEET

THE HIGH COURT OF SINDH KARACHI

C.P No. D-6353 of 2023

Date Order With Signature(s) Of Judge(s)

For hearing of Main Case.

29.01.2024

Ms. Sultana Begum, Advocate for the Petitioner.

Mr. Hakim Ali Shaikh, Addl. Advocate General, Sindh.

Mr. Ali Haider Saleem, Addl. Prosecutor General, Sindh alog with SIP Sabir Hussain of P.S Baghdadi, Karachi.

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Through this constitution petition, petitioner Muhammad Shazil alias Hassan seeks quashment of two FIRs bearing FIR No.414/2023 registered at P.S Baghdadi, Karachi, for offences under Section 353, 324, 186 & 34 PPC and FIR No.415/2023 registered at P.S Baghdadi, Karachi for offences under Section 13(1)(a) of the Sindh Arms Act, 2013. Notices were issued to the respondents and comments are filed on their behalf. According to learned Addl. P.G, Sindh as well as Addl. A.G, Sindh final reports in the aforesaid FIRs have already been submitted before the competent Court of law. It is submitted by learned Addl. P.G, Sindh as well as Addl. A.G, Sindh that now alternate remedy is available to the petitioner to exhaust before the trial Court and relied upon the case of DIRECTOR-GENERAL, ANTI-CORRUPTION ESTABLISHMENT, LAHORE and others Versus MUHAMMAD AKRAM KHAN and others (PLD 2013 Supreme Court 401).

We have also heard the counsel for the petitioner. It is matter of record that trial Court had already taken cognizance of the cases mentioned above, the FIRs could not be quashed and as the fate of the case can only be determined by the trial Court, petitioner/accused in the circumstances could avail remedy under Section 249-A Cr.PC and 265-K Cr.PC for seeking his premature acquittal, if the charge is found to be groundless or there is no probability of his conviction.

In the view of above, the petition is dismissed; however, petitioner / accused would be at liberty to adopt legal course before the trial Court, available under the law.

Judge

Judge

Zulfiqar/P.A