ORDER SHEET

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

Constt: Pett: No:     2435 of 2010.

Date                          Order with signature of judge.

For Katcha Peshi.

03.03.2011.

                        Mr. Irfan Hyder Khichi, advocate for the petitioner.

                        Mr. Altaf Hussain Surahio, State Counsel alongwith SPO Khan Mohammad Tunio, SPO Wagan, Assadullah Shaikh, SHO Darri Larkana and Muhammad Mujtaba  Abro on behalf of SP Investigation Kamber.

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                        Through this petition, the petitioner  has complained  inaction on the part of the respondents  who, as per petitioner, are not arresting the respondents No.7 to 9  in Crime No.27/2010 registered  at P.S Nasirabad  U/S 337-A(ii), 337(i), 337-F(i) PPC.   I has been further complained that such accused persons have also trespassed into the house of the petitioner and have illegally occupied the same.  Per learned counsel, the petitioner approached the concerned SHO and other high police officials but his grievance was not redressed  whereas  accused persons are roaming around and issuing threats to the petitioner.  In response to the notices issued  to the respondents,  the comments have been filed by DPO Kamber Shahdadkot, SPO Nasirabad, SHO P.S Nasirabad  whereas  today SP  Investigation Kamber Shahadkot has also filed comments  wherein  it has been stated that  the accused persons were granted  bail by the learned District Judge, challan has been submitted   and the matter is proceeding  before the Judicial Magistrate, Warrah.  

                        Learned State Counsel in view of hereinabove facts,  states that since the legal proceedings have been taken against the accused person i.e. respondent No.7, the grievance of the petitioner is ventilated. He further states  that as regards  further prayer of the petitioner  in respect of illegal dispossession and trespass  by the accused persons, the petitioner may  approach  the concerned SHO and/or file proceedings before the competent court of jurisdiction .

                        To this submission, learned counsel for the petitioner  is satisfied and states that he will approach   concerned  SHO and file appropriate  competent court either  under Illegal Dispossession Act or   any other  remedy available to him under the law.  However,  he states  that  since there is  serious apprehension  and threat to the life of the petitioner  at the hands of respondents No.7 to 9, the respondents may be directed  to provide  legal protection to the petitioner.   Learned counsel further  states that the  petitioner is now shifted  to Larkana, the DPO Larkana may be directed to provide legal protection.

                        To this, learned State Counsel submitted that all legal protection will be provided to the petitioner  by the police  to which learned counsel for the petitioner  is satisfied  and does not press this petition which is accordingly dismissed as  pressed.

JUDGE