ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P.    No.523  of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

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

2. For Katcha Peshi.

16.03.2011

Mr. Rashid Mustafa Solangi, advocate for petitioner.

Mr. Ameer Ahmed Narejo, State Counsel along with SIP Imamuddin Chandio, SHO PS Ketty Mumtaz, respondent No.1.

                                                            -.-.-.-.-.-.-.-

                        Through instant petition, the petitioner has complained about an action on the part of the police officer who in spite of order dated 02.3.2011, passed by the learned VII-Additional Sessions Judge, Larkana in Crl. Misc. Appln. No.78/2011, whereby SHO PS Ketty Mumtaz was directed to record statement of Mst. Kamalan and if cognizable offence is made out, from her statement,  to register the same in writing in 154, Cr.P.C book. Learned counsel for the petitioner stated that since the SHO PS Ketty Mumtaz namely Asadullah Pathan is one of the co-accused nominated in the alleged murder of son of the petitioner namely Rehamdil, therefore, the police is not registering the FIR.

                        Pursuant to Court notice, SHO PS Ketty Mumtaz is present in Court, and stated that he has recently been posted at Ketty Mumtaz as SHO whereas the proposed accused has been transferred to some other Police Station. He further stated that if  petitioner  approaches him, he will record her statement and if a cognizable offence is made out then he will proceed in accordance with law. To this undertaking, the learned counsel for petitioner is satisfied and does not press instant petition.

                        Accordingly, instant petition is disposed of with direction to petitioner to approach the SHO PS Ketty Mumtaz, who shall record her statement and if a cognizable offence is made out against proposed accused, he shall proceed as per law.

Judge