ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No.483 of 2011.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection Flag ‘A’.

2. For Katcha Peshi.

11.03.2011

Messrs Ali Nawaz Ghanghro and Ather Abbas Solangi advocates for petitioner.

Mr. Azizul Haq Solangi, Asstt. A. G along with DSP Sher Khan Rind SPO Mehar and SIP Safdar Hussain Jatoi, SHO PS Thariri Muhbat.

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In pursuance of order dated 10.3.2011, detainees namely Hassan Son of Imdad, Iftkhar and Gul Bahar both sons of Shah Dino have been produced by respondents No.1 & 2. Written statements have been filed by respondents No.1 & 2, which are taken on record. From perusal of written statements, it appears that the detainees were arrested on 03.3.2011, in Crime No.46/2011 of Police Station Thariri Muhbat, registered under section 324, 353, PPC. SIP Safdar Hussain Jatoi, SHO PS Thariri Muhbat, complainant of aforesaid crime is present in Court. On query, he candidly conceded that the case against the detainees was registered under the orders of high ups, as in his jurisdiction, an offence with regard to the kidnapping for ransom has taken place, therefore in order to compel the culprits, the detainees were booked in the aforesaid case, as according to their information the detainees have some nexus with the criminals of the area. However, he could not place on record any document or piece of evidence to show that the detainees have any nexus with the criminals or the alleged crime. The Investigating Officer is also present and he admitted that except the statements of police officials, he could not collect any piece of evidence connecting the detainees with crime No.46/2011 of Police Station Thariri Muhbat. At this juncture, learned counsel for the petitioner contended that from the admission on the part of the complainant and Investigating Officer of Crime No.46/2011, Police Station Thariri Muhbat, there is no doubt that a false case has been registered against the detainees, therefore, it would be in the fitness of things and interest of justice, if the FIR No.46/2011 registered under section 324, 353, PPC of Police Station Thariri Muhbat is quashed.

On the other hand Mr. Azizul Haq Solangi, learned Asstt. A. G could not controvert above submissions and very candidly conceded that in view of the admissions on the part of the official respondents, the entire episode seems to be nothing but brain-child of the police officials.

Heard learned counsel for the parties, Investigating Officer, as well as respondent No.1, who happens to be the complainant of Crime No.46/2011 as well as Investigating Officer of the instant crime. Upon a bare perusal of FIR No.46/2011, it appears that a false case has been registered against the detainees with sole object to drag them in false case in order to create pressure upon the criminals, who have allegedly some nexus with the detainees as alleged by the police officials. From the contents of FIR, it reveals that though there was exchange of firing between police party and the detainees but none from either side received any scratch.

In view of above and the admissions on the part of the respondents No.1 and Investigating Officer, we are of the considered view that FIR No.46/2011, registered under section 324, 353, PPC of Police Station Thariri Muhbat is a false and fabricated, therefore, same is quashed. Since the detainees who are teenagers and said to be not indulged in any criminal activity are set at liberty.

Since the complainant i.e SIP Safdar Hussain Jatoi, SHO PS Thariri Muhbat and the I.O/SIP Ghulam Abbas Kolachi of FIR No.46/2011, have voluntarily stated the true facts in respect of falsity of the instant FIR, we have restrained ourselves from passing any adverse orders against them, however they have been reprimanded and cautioned not to repeat such illegal acts in future. They have expressed their regrets and tendered apology and promised not to repeat such act in future.

With the above observations, petition stands disposed of.

Judge