ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.  P.   No.D-297     of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

10.02.2011.

1. For orders on office objections.

2. For Katcha Peshi.

Mr. Ali Nawaz Ghanghro, advocate for the petitioner.

Mr. Abdul Hamid Bhurgri, Addl. A. G., assisted by Mr. Ameer Ahmed Narejo, State Counsel, alongwith PSI Akhtar Hussain Burdi on behalf of DPO, Larkana, Insp. Irshad Nabi Bhutto, SPO, Hyderi, SIP Riaz Ahmed Abbasi, S.H.O. PS Waleed, SIP Azhar Ali Mangi, SIO Waleed and ASI Ahmed Nawaz Kamario of PS Waleed.

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                   Pursuant to Court directions, the respondents No.1, 4, 5 & 6 have filed their comments, which are taken on record, copies of which have been supplied to learned Counsel for the petitioner.

                   Mr. Aqeel Ahmed Bhutto, advocate, has filed Vakalatnama on behalf of respondent No.2, and requests for time.

                   The petitioner/accused is also present in Court having been produced in custody by SIO PS Waleed. 

                   Learned Counsel for the petitioner states that the petitioner is a young boy and has been falsely implicated in the instant case on account of some dispute with respondent No.5 with the active connivance of SPO Hyderi, who is the caste-fellow of respondent No.2.  He further states that three F.I.Rs have been registered on the same date against the petitioner and neither any recovery has been effected from the petitioner nor there is any eye-witness of the alleged crime in the entire process and the prosecution of the petitioner will amount to abuse of the process of law.  Learned Counsel states that he would be satisfied if the investigation of the matter is assigned to some impartial police officer preferably to Mr. Anwar Ali Gopang, DSP Headquarter, Shikarpur.  To this submission, the learned Addl. A. G., states that though there is a provision seeking transfer of the investigation from one I.O. to some other police officer under the Police Order, 2002, however, he has no objection if the investigation is transferred to Mr. Anwar Ali Gopang, DSP Headquarter, Shikarpur.  The learned Counsel for the respondent No.2 has also no objection if the matter is investigated by Mr. Anwar Ali Gopang.

                   In view of hereinabove and by consent of the parties, the D.I.G. Police, Larkana is directed to assign the investigation of the F.I.Rs bearing crime No.22, 23 & 24 of 2011, registered at P.S Waleed, Larkana to Mr. Anwar Ali Gopang, DSP Headquarter, Shikarpur, who shall proceed in accordance with law.

                   Instant petition stands disposed of in the above terms.

                                                                                                JUDGE

                                                                   JUDGE