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2007 MLD 1080

AJAL KHAN vs BAHARUDDIN KERIO and 5 otherss

Citation2007 MLD 1080
CourtSindh High Court
Case No.Criminal Revision Applications No,S-60 of 2006
Date2007-04-09
Judge(s)Anwar Zaheer Jamali
ResultOrder accordingly

ORDER

1. ' ANWAR ZAHEER TAMALI, J.---Mr. Irfan Ahmed Qureshi, learned counsel for the Applicant submits that the direct complaint under section 200, Cr.P.C., filed by the Applicant, was dismissed by the Court of IInd Additional Sessions Judge, Nawabshah on the sole ground that Entry No,20 in the Roznamcha of Police Station Tangwani had clearly disclosed that action taken by the police party to apprehend the absconding accused in Crime No, 105 of 2003, under section 302, P.P.C. Of Police Station A-Section Kandhkot, District Kashmore was a justified action. He submits that while holding so the whole evidence adduced by the Applicant in the proceedings of preliminary enquiry was ignored by the learned trial Court in a slipshod manner, and even the Entry No,21, showing the arrest of 4/5 other persons by the raiding police party was overlooked. He further takes reference to the reply of this Criminal Revision Application submitted by Respondent No,1, wherein he has also admitted that at the time when they had raided the houses of the Applicant and others for arrest of proclaimed offender Arbello, he had also arrested 4/5 other persons, who were later on released and not challaned in the crime.

2. ' Mr. Masood A. Noorani, Additional Advocate General Sindh, when confronted with these facts, is unable to controvert that illegal arrest of 4/5 other persons had taken place at the hands of Respondents, who were among the police party, which had raided the house of the Applicant on 14-3-2006.

3. ' I have carefully considered the submissions of learned counsel and perused the impugned as well as the evidence led by the applicant's side during P.E., which shows that substantial material was brought on record by the Applicant for bringing his complaint under section 200 Cr.P.C. On record against the Respondents.

4. ' Accordingly, the impugned order, dated 3-6-2006 is set aside and the complaint of the Applicant under section 200, Cr.P.C. Is brought on record of the trial Court with directions for further proceedings in the matter in accordance with law.

5. ' This Criminal Revision Application stands disposed of in the above terms.

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