ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-2914 of 2012

 Date                                      Order with signature of Judge

1. For order son CMA No.16453/12 (U/A)

2. For orders on CMA No.16454/12 (Exp/A)

3. For Katcha Peshi.

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15.08.2012

Mr. Muhammad Ashraf , Advocate alongwith Petitioner.

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            It is inter-alia contended by the learned counsel for the petitioner that the petitioner is practicing advocate, who alongwith his brother and other family  members have been implicated in a false crime at the behest of respondent No.2, who is real uncle of the petitioner, with whom there is admittedly a civil dispute pending before the competent Court of jurisdiction. Learned counsel further states that the date of alleged incident is 02.05.2012  whereas, the FIR was registered on 30.07.2012 on an application U/S 22-A Cr.P.C. filed by the complainant before the learned District & Sessions Judge, Naushahro Feroze. Per Learned counsel, even on a report called by the learned District Judge Naushahro Feroze, the concerned SHO submitted that the alleged offence is not cognizable, whereas the matter pertains to a civil dispute between the parties. It is further contended that since the respondent No.2 is a police official, FIR has been registered which has caused serious prejudice and injury to the petitioner and his family members. Learned counsel has contended that on the fateful day, the petitioner was at Karachi attending the Court of Special Judge Anti-corruption, Karachi. Whereas, another accused nominated in the FIR, who is real brother of the petitioner, was also present at Karachi on his duty. In support of his contention he has produced the relevant documents. Counsel states that no fruitful purpose will be served if the case is proceeded and FIR is allowed to be challaned before the trial Court which will amount to abuse of the process of Law.

            Let notice be issued to the respondents as well as Prosecutor General Sindh and Advocate General Sindh for 30.08.2012 when the concerned I.O of Crime No.154/2012 shall be in attendance alongwith relevant record.

            Report may also be called from the concerned SHO. Adjourned to a date in office.

                                                                                                            Judge

                                                                                    Judge