ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constt: Pett; No:   453/2009

Date                          Order with signature of judge.

For Katcha Peshi.

11.2.2010.

                        Mr.  Faiz  Mohammad Larik, advocate for the petitioner.

                        Mr.  Naimatullah Bhurgri, State Counsel.

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                        In this petition, it was  alleged by the petitioner that the petitioner was present in his house alongwith  his family members  when respondent No.2 and 3 alongwith 8/9 police constables forcibly trespassed into the house, over-powered members of the family, scared and harassed the women folks, children and other family members.  It is further alleged    that the respondents No.2 and 3, both employees of Police Station Khanpur, broke  into almirah and boxes and took away gold ornaments, electric motor and cash of Rs.30,000/= and five pairs of ladies  stitched dresses.  Mohammad Ibrahim, nephew of petitioner, who offered resistance, was dragged to the police mobile.  Thereafter the police officials went away with robbed goods as well as the said nephew Mohammad Ibrahim.

                        Since serious allegations of highhandedness  of police officials have been leveled in the petition,  This Court vide order dated 24.12.2009 directed DPO Shikarpur to nominate DSP Anwar Ali Gopang to conduct inquiry into the allegations.   Said DSP Anwar Ali Gopang, after conducting inquiry, submitted his report dated 9.1.2010 in which he came to the conclusion  that  in view of his findings  and evidence produced  before him, the charges leveled in the petition both in respect of articles robbed as well as of taking away of the nephew were not proved. 

                        Learned counsel for the petitioner submitted that  police officials may be directed to record  statement of the petitioner U/S 154 Cr.P.C and thereafter register F.I.R in accordance with the law.

                        Learned counsel for the State  opposed the request of learned counsel for the petitioner. He submitted that an inquiry has been held by a senior police official, who was specifically named by the petitioner for this purpose.  Therefore, no useful purpose shall be served by recording statement U/S 154 Cr.P.C.

                        We have considered submissions made by the learned counsel.  When already an inquiry  has been held by the police on the directions of this Court  and no material, further then what was presented before DSP Anwar Ali Gopang, has been placed  on record, no useful purpose will be served by initiating  another police  inquiry. Consequently, this petition is dismissed.  However, the petitioner is at liberty to file direct private complaint U/S 200 Cr.P.C if he so deemed it advised.

JUDGE

                                                                        JUDGE