ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P.    No.147  of 2011.                                                                                                                                        

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

31.1.2011.

Mr. Ali Raza Pathan, advocate for petitioner.

Mr. Abdul Hamid Bhurgari, Addl. A. G along with Mr. Mus’ab Baleegh Dhamrah, State Counsel.

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                        Through instant petition, the petitioner has approached this Court with the allegation that the respondent police officials have raided the house of the petitioner and taken away his brother Manzoor Ali as well as a Motorcycle, gold ornaments and a torch without intimating as to whether Manzoor Ali is required in any case or not.

                        Pursuant to Court notices, the respondent No.1 to 3 have filed their statements along with affidavits, wherein they have denied the allegations. However, it has been intimated that Manzoor Ali is required in case Crime No.5/2011, under section 17(1) Offences Against Property (Enforcement of Hudood) Ordinance, 1979 registered at Police Station, Nasirabad and was arrested by SIO Investigation, Nasirabad on 10.1.2011.

                        Learned Addl. A. G states that the instant petition, on the face of it appears to be frivolous and pre-emptive in nature as the FIR was registered on 10.1.2011 and instant petition has been filed thereafter on 20.1.2011 to harass and pressurize the police officials.

                        Learned counsel for the petitioner states that he will seek remedy as per law before the appropriate Court in respect of FIR registered against Manzoor Ali. However, states that an enquiry may be conducted to verify the allegation of the petitioner whereby the petitioner has been robbed of his valuable articles including Motorcycle, gold and torch etc.

                        To this submission respondents present in Court as well as learned Addl.A.G extend no objection if impartial enquiry is conducted into the allegation of the petitioner.

                        Accordingly, the instant petition is dismissed for having become infructuous, with the direction to DPO Kamber Shahdadkot to conduct an enquiry into the allegations contained in the petition after associating the petitioner and submit compliance report to this Court through Additional Registrar within fifteen days.

                        Petition disposed of accordingly.

Judge