ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.  P. No.S-2406   of  2010

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

14.01.2011.

For Katcha Peshi.

Mr. Aijaz Ahmed Bhatti, advocate for the petitioners, alongwith the petitioners.

Mr. Abdul Hamid Bhurgri, Addl. A. G., assisted by Miss Rubina Dhamrah, State Counsel, alongwith PSI Raza Muhammad Sohu on behalf of DPO, Kamber-Shahdadkot, SIP Zaheer Mahesar, S.H.O. PS Shahdadkot, ASI Ali Hassan Abro of Police Line, Kamber, ASI Nisar Ahmed of PS Sijawal, and ASI Abdul Ghafoor Chhutto of PS Sijawal.

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                   Through instant petition, the petitioners have complained about the misconduct and high handedness on the part of the police officials, who, according to the petitioners, have also registered a false F.I.R. at the instance of the private respondents, who are either relatives of the police officials or have connections with them. 

‘                  Learned Counsel for the petitioners states that the petitioner No.1 and his family members have been implicated in a false F.I.R.  bearing crime No.91/2010, registered at P.S Sijawal, District Kamber-Shahdadkot  out of vengeance, as the petitioners, who were agitating their rights against the high handedness and maltreatment to two of their family members, who according to the petitioners were robbed of their articles by concerned S.H.O., namely, Zaheer Ahmed Mahesar of PS Sijawal, which incident was also published in daily newspapers “Kawish” and “Koshish”.  The learned Counsel has referred to the medical letter issued by the concerned police bearing No.669, dated 20.10.2010, whereby the petitioner was sent for medical examination, as he was allegedly injured by the private respondents with the assistance of the police.  He has also referred to the medical report, wherein it has been confirmed that the petitioner has suffered injuries.  Per learned Counsel, the petitioners prayed for the registration of the F.I.R., but no F.I.R. was registered by the concerned S.H.O.  On the contrary, a false F.I.R. has been registered at the instance of private respondents pursuant to a similar medical certificate available at page 43, which, according to the petitioners, is a managed document.

                   Pursuant to Court notice, the official respondents have filed their comments, which are taken on record, wherein all the adverse allegations have been denied by them.   It has been admitted that an F.I.R. No.91/2010 has been registered under Sections 324, 337-A(i0< 148, 149, 427, 504, PPC against the petitioner No.1 and other accused persons by the private respondents at P.S Sijawal, wherein challan has been submitted before the competent Court and the petitioner No.1 is on bail.  It is also informed that the petitioner had approached the superior police officers levelling the similar allegations, pursuant to which an enquiry was conducted by SPO, Mirokhan, who after recording the statements of the Nekmards of the locality has submitted his report, wherein the allegations levelled by the petitioners were not found to be correct.  Such enquiry report dated 31.12.2010 is also placed on record.

                   The learned Counsel for the petitioner states that the petitioner was not associated with such enquiry and requests that the fresh enquiry may be directed to be conducted by some impartial officer of police, who shall submit his report to this Court.

                   The learned Addl. A. G., states that since this petition involves disputed facts, whereas the F.I.R. is registered against the petitioner, which is pending before the Court of competent jurisdiction, no interference in constitutional petition is required under the circumstances.

                   I have heard learned Counsel for the petitioners, learned Addl. A. G., and perused the record.

                   The petitioners have mainly levelled certain allegations against the police officials, who have not recorded the statement of the petitioner and registered an F.I.R., whereas they have registered the F.I.R. of the respondents in connection with the same incident.  It is also prayed that an impartial enquiry may be conducted against the police officials for their high handedness and the maltreatment to the petitioner No.1. 

                   In view of the above facts, the instant petition is disposed of with the directions to the concerned S.H.O. to record the statement of the petitioner and if a cognizable offence is made out, to proceed in accordance with law and register the F.I.R., if so warranted.  The D.I.G. Police, Larkana, is directed to get conducted an impartial enquiry after associating the petitioner about the allegations contained against the police officials and submit his report before this Court through the Additional Registrar of this Court within 15 days.  Such enquiry may preferably be assigned to DSP Anwar Ali Gopang. 

                   The instant petition stands disposed of in the above terms.

                                                                                                JUDGE