ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No. S-1783  of 2011. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as Flag 'A'.

2. For Katcha Peshi.

1812.2012.

                   Mr. Muhammad Yaqoob Dahani, advocate for petitioner.

                   Mr. Qazi Muhammad Bux, State Counsel.

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

                   Through this Constitutional Petition, the petitioner Muhammad Eisa has prayed for the following relief(s):

a) That this Honourable Court may graciously be pleased to direct the respondents to ensure the arrest of all the absconding accused of Crime No.77/2010 of PS Sadar and protection to the petitioner may be ensured through the DPO Jacobabad.

b) The DIG Police may be directed to get the enquiry conducted into the allegation that co-accused Jam of Crime No.77/2010 of PS Sadar was arrested but his arrest was not shown and was released by the I.O and such enquiry report and departmental action against the I.O in the light of the enquiry may be submitted before this Honourable Court.

c) Any other equitable relief this Honourable Court deems fit and proper.

          Notices were issued to the respondents as well as Addl. A. G. Comments are filed by respondents No.1 to 3. SSP Jacobabad, respondent No.3, in his comments has stated that a case bearing Crime No.77/2009 under section 302, 324, 148, 149, 109, PPC, 337H-(2), 13(d) Arms Ordinance was lodged at PS Saddar against the accused persons. During the course of investigation, the then SIO PS Saddar had arrested three accused persons namely Mir Hassan, Amir Bux and Muhammad Rafique. After usual investigation challan was submitted against accused on 19.5.2011 and some of the accused were shown as absconders. SDPO Jacobabad has also submitted the same facts. Leaned advocate for the petitioner submits that the accused Jam was also arrested during investigation but his arrest was not shown and he was released by the SIO without lawful authority. Since the case has been challaned, it is for the trial Court to issue NBWs against the absconding accused. The trial Court may send NBWs to the SSP for execution through responsible police officer not below the rank of Inspector. As regards to the contention of learned advocate for the petitioner that absconding accused Jam was arrested by SIO but he was released during investigation illegally, in this regard the SSP will hold enquiry into the matter against concerned Investigation Officer in accordance with law. In these circumstances, learned advocate for the petitioner is satisfied and does not press this petition more and it is accordingly disposed of.

Judge