ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

CP. No.D-1410 of 2011

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Date                      Order with signature of Judge

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            For Katcha Peshi.

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23.06.2011

Petitioner, Haji Mushtaq Ahmed Bhatti, Advocate, present in person.

 

Mr. M. Noman Khan, Advocate for Respondents No. 3 to 8. alongwith Respondent No.3 and 4.

 

Mr. Zulfiqar Ali Sanghi, Standing Counsel alongwith Addl. SHO, City Court P.S. and SIO, PS. City Court.

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This Petition had been filed by a person whose wife is the landlord and a case was proceeding in the Court of V-Civil Judge and Judicial Magistrate Karachi South. He had tried to file a FIR stating that he was assaulted by the tenants in that case but that FIR was filed only after he obtained an order from the learned District & Sessions Judge, Karachi South, under section 22-A Cr.P.C. and after that within 14 days the inquiry was completed and a report was submitted under section 173 Cr.P.C for disposal of the FIR in “A” Class. He filed an appeal which was dismissed by the learned II-Additional Sessions Judge, Karachi South, and therefore, this C.P. has been filed.

 

Today we have heard the petitioner in person, Mr. M. Noman Khan learned counsel for the Respondents No. 3 to 8, Mr. Zulfiqar Ali Sanghi, learned State Counsel and both the respondents No. 3 and 4  who are also present as well as police official from P.S. City Court.

 

We are disposing off this Petition on the statement of Mr. M. Noman Khan and the tenants i.e. Kulsoom Bibi wife of Din Muhammad and Din Muhammad S/o. Jamaluddin who have stated that neither they had taken law in their hands and assaulted the petitioner nor they in future shall ever take the law in their own hands and assault, threaten and harass the petitioner who comes from Lahore, and also assured the Court that they will proceed with the case in accordance with law before the learned Magistrate without resorting  to threat and harassment. The above statements are taken on record, and any violation thereof shall be treated as violation of the Court’s order, and may entail penal consequences in accordance with law. The police officials of P.S. City Court are directed to provide protection to the petitioner as and when he comes to attend the case only, and if they fail to do so the Court will take action against them.

 

This petition is disposed off in the above manner.

 

JUDGE

JUDGE

Sajid/P.A