ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P.      No.588  of  2010.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

24.5.2010

Mr. Ashfaque Hussain Abro  advocate for petitioner.

Mr. Naimtullah Bhurgari, State Counsel a/w Inspector Asad-ul-Nabi Khichi, SHO PS Nasirabad, ASI Shahid Hussain Memon, HC Muhammad Ramzan, PC Aijaz Ali and PC Javed Ali.

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Petitioner in his petition stated that on 08.4.2010, in the morning time, petitioner was available at his shop, where respondent No.2 HC Muhamad Ramzan Chinjni came to his shop and forced the petitioner to give him two maunds of wheat as a bribe, to which the petitioner refused. On refusal of petitioner, respondent No.2 has extended threats of dire-consequences and further threatened him that he will close his shop forcibly. Petitioner further stated that on 10.4.2010 at about 03:00 p.m respondents No.1 to 4 came at the shop of petitioner in a police mobile, when at that time petitioner along with his brother Abdul Karrim Kandhro and relative Barkat Ali was present at his shop. Respondent No.1 to 4 disgraced and humiliated the petitioner, then respondent No.2 forcibly took cash amount of Rs.32,000/- from the shop of petitioner and snatched two mobile phones viz. Nokia 1650 and Nokia 2626 from petitioner. Petitioner prays as under :

(a) That this Hon’ble Court may be pleased to direct respondent No.5 to record the statement of petitioner and if a cognizable offence is made out, then to register the FIR against the respondents No.1 to 4; effect recovery of robbed cash of Rs.32,000/- and mobile phones of petitioner and then proceed against them further in accordance with law;

(b) This Hon’ble Court may further be pleased to direct the respondents No.5 & 6 to provide protection to the petitioner, and his family members against the highhandedness of respondents No.1 to 4 with further directions to respondent No.6 to take strict departmental action against the respondents No.1 to 4 for abusing and misusing their lawful authority and powers.

            Respondents No.1 to 4 have filed their para-wise comments in which they have denied all the allegations leveled by the petitioner. Petitioner also placed on record copy of faisla which has taken place between petitioner and respondent No.2. Whereas respondent is a guarantor to return amount of the petitioner

                        Heard learned counsel for the petitioner and Mr. Naimtullah Bhurgari, learned State Counsel and respondents No.1 to 4. in person. The petitioner has prayed in his petition that FIR be registered against respondents if any cognizable offence is made out. It is fundamental right of every citizen that his contention be incorporated in 154, Cr.P.C book and it is for police to ascertain truth and falsehood of FIR. Consequently, I direct SHO PS Nasirabad to register FIR of the petitioner and after lodgment of FIR SP (Investigation), Kamber-Shahdadkot namely Mr. Aijaz Tareen is directed to investigate the case himself and submit such report up to 4^th June 2010.

                        With the above observation, this petition stands disposed of.

Judge