ORDER SHEET
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA
C.P No. S- 1023 of 2013
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DATE |
ORDER WITH SIGNATURE OF JUDGE |
17.01.2014
Mr. Habibullah G. Ghouri, advocate for petitioners.
Mr. Riaz Hussain Khoso, State counsel along with PSI Akhtar Hussain Burdi on behalf of SSP Larkana, SIP Ghulam Qadir Jatoi, SHO PS Naundero and SIP Aslam Parvez Abro, SHO PS Civil Lines, Larkana.
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Through instant petition, the petitioners have alleged harassment by the police officials at the instance of private respondents on account of some matrimonial family dispute between the parties. Counsel for the petitioner submits that the petitioners are being involved in false criminal cases at the instance of private respondents whereas two of such cases were proposed to be disposed of as false ‘B’ class. However, the concerned Magistrate did not approve such report and order submission of challan which order has been assailed by the petitioners by filing criminal misc. application under section 561-A, Cr.P.C before this Court wherein operation of the impugned order has been suspended. Per learned counsel, yet another FIR has been got registered at Karachi at the instance of private respondents.
2., Notices were issued. Pursuant to which, official respondents PSI Akhtar Hussain Burdi on behalf of SSP Larkana, SIP Ghulam Qadir Jatoi, SHO PS Naundero and SIP Aslam Parvez Abro, SHO PS Civil Lines, Larkana have shown appearance and filed statements which are taken on record.
3. Learned State counsel submits that the instant petition is misconceived under the facts and circumstances of the case whereas no harassment whatsoever has been caused by the police. On the contrary, the FIRs registered at the instance of private respondents were proposed to be disposed of as false ‘B’ class. Per learned counsel, the matter relates to a dispute between private parties who may be directed to act in accordance with law.
4. Learned counsel for the petitioners submits that the petitioners will seek remedy against registration of false FIRs by filing appropriate proceedings before the competent court of jurisdiction, however, private respondents may be restrained from involving the petitioners in any false case, whereas the concerned police may also be directed not to register any false case against the petitioners.
5. Accordingly, instant petition is disposed of with the directions to the respondents not to involve the petitioners in any false cases. The concerned police is also directed to act strictly in accordance with law and not to take side of either party or to involve them in any false cases. Petitioners are at liberty to file appropriate proceedings before the competent court of jurisdiction for redressal of their grievances, if any.
Judge