ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

                                      C.P.  No.747   of 2012. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR KATCHA PESHI.

28.2.2013

                   Mr. Mazher Ali Mangan, advocate for petitioner.

                   Mr. Asif Hussain M. Nawaz Chandio, State Counsel.

                                      -.-.--.-.-.-.—

The question involved in this petition is that an FIR bearing Crime No.56/2012 registered at Police Station Warrah was lodged in respect of illegal confinement of the detainee namely Ather Ali, who was subsequently recovered and produced before this Court in C.P.No.21/2012 and in terms of order dated 26.6.2012 the aforesaid petition was disposed of, since the detainee had been released. Learned counsel for the petitioner submits that the challan in respect of aforesaid FIR No.56/2012 was submitted without proper investigation and inasmuch as the statement of the detainee was not recorded and the concerned culprit was not shown in the challan. Learned counsel for the petitioner has relied upon the cases of Muhammad Yousuf versus The State and others 2000 SCMR 453 and Syed Zeeshan Hussain Kazmi versus The State and 3 others 2000 P.Cr.L.J 645.

          This seems to be serious lacuna in the investigation, though it is reluctantly conceded by the learned State Counsel, however, he submits that he could agitate before the trial Court by moving an application under section 190, Cr.P.C, though he agreed that the powers of this Court are not limited and cannot be considered as exercisable subsequent to exercising powers under section 190, Cr.P.C by the concerned Magistrate. He agreed that such powers may be exercised by this Court as far as reinvestigation is concerned.

                   Without prejudice to  the rights of both the parties it is agreed that let the statement of the detainee be recorded and the concerned I.O shall submit report/challan before the trial Court and such reinvestigation shall be completed within two weeks and be submitted  to the trial Court thereafter. The trial Court is further directed not to proceed on the basis of challan earlier submitted and wait until fresh challan on the basis of the reinvestigation is submitted within time specified. In case no fresh challan is submitted on the basis of reinvestigation, the trial Court may proceed on the basis of the FIR. Petition stands disposed of accordingly.

Judge