ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-3692 of 2014

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DATE                 ORDER WITH SIGNATURE(S) OF JUDGE(S) 

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For Katcha Peshi

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11.12.2014

          Mr. Raja Mir Muhammad, Advocate for Petitioner

          Mr. Zafar Ahmad Khan, Addl: P.G. Sindh

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NAIMATULLAH PHULPOTO, J.--        Through this constitutional petition, petitioner Mst. Tamam Bibi has sought quashment of F.I.R. No.346/2014, registered at P.S. Gulistan-e-Johar, Karachi, on 05.07.2014 under section 23(1)(a) of the Sindh Arms Act, 2013 in respect of allegation of carrying unlicensed 30 bore pistol by accused Mir Ahmed son of Dawood Gul (husband of the petitioner).

 

2.       Learned advocate for the petitioner mainly contended that accused Mir Ahmed was lifted from the house on 28.06.2014, such application was submitted by his wife on 29.06.2014 to the Honourable Chief Justice, High Court of Sindh and I.G. Police Sindh, Karachi. It is further contended that allegation leveled in the F.I.R. is false and is a sheer mala fide on the part of the police.

 

3.       Mr. Zafar Ahmed Khan, learned Additional Prosecutor General Sindh, argued that 30 bore pistol without license has been recovered from the possession of the accused. Case has already been challaned before the competent Court of law. Factual inquiry, whether the allegation is correct or not cannot be undertaken in the constitutional petition. He has opposed the petition for quashment of F.I.R.

 

4.       After hearing the learned advocates for the parties, going through the contents of the F.I.R. and documents appended with this petition, it has been noticed that allegation leveled in the F.I.R. regarding carrying of unlicensed pistol if accepted as correct at it’s face value, prima facie, do disclose commission of offence alleged in the F.I.R. The question whether allegation leveled by the complainant in the F.I.R. is actually correct or not necessarily requires holding of factual inquiry, which exercise certainly cannot be undertaken by this Court in the summary proceedings under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. It is the duty of the police to investigate a crime and this Court would not like to scuttle or stifle the said duty of the police at such premature stage.

 

5.       There is also another aspect of the case, the accused has other statutory remedies available to him under the law. On the conclusion of arguments, learned advocate for the petitioner has informed the Court that investigation of this case has already been completed and challan has been submitted before the criminal Court of competent jurisdiction. It is the primary function of trial Court to appreciate the prosecution evidence and to examine the defence theory deeply. Petitioner has a remedy available before the learned trial Court by way of submitting an application under section 249-A/265-K Cr.PC, seeking his premature acquittal, if so advised.

 

6.       For what has been discussed above, no occasion has been found by this Court for interference in the matter and this petition is, therefore, dismissed.

 

                                                                                            JUDGE

 

                                                                         JUDGE

 

Gulsher/PA