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2009 YLR 1525

Mst. BENAZEER and another vs STATION HOUSE OFFICER, POLICE STATION

Citation2009 YLR 1525
CourtSindh High Court
Case No.Constitution Petition No,D-666 of 2007
Date2008-10-29
Judge(s)Mrs. Yasmeen Abbasey, Abdur Rehman Faruq Pirzada
ResultPetition dismissed

ORDER

1. ' Referring to order dated 30-8-2007 whereby respondents were directed not to harass the petitioners and also not to arrest them till next date of hearing, it is contended that by learned counsel that respondents have violated this order, which constrained the petitioners to move contempt application under C.M.A. 'No,2298/2007. According to learned counsel for petitioners respondents in order to harass the petitioners and put them under pressure raided their house and arrested petitioner No,2.'s brother and nephew viz. Sono and Saindad and also beat one Mst. Saima.

2. Subsequently both the above- referred persons were released on bail under the order of Sessions Judge, Sukkur.

3. ' Allegation as levelled by applicant of violating order of 30-8-2007, in view of the facts stated in the application does not seem to be proved because as per order dated 30-8-2007, respondents were restrained only to the extent of petitioners and not to his full family, if any of them commit any crime.

4. ' Learned counsel for the petitioner further argued that the petitioner No,l, in continuation of that act of the respondents, was also abducted by them but no such allegation has been made in the application under disposal not the application reflects that the arrest of these two persons namely Sono and Saindad and causing injury to Mst. Saima was just to put the petitioners under pressure to get them separated.

5. ' So far the quashment of F.I.R, under Crime No; 152/2007 it is stated by S.H.O, in-charge Police Station, Pano Akil, that after due investigation interim challan has been submitted in the Court of lst.

6. Civil Judge & Judicial Magistrate, Pano Akil.

7. ' In view of above discussion we are of the view that the respondents have not violated any order of this Court. After submission of challan before concerned Court, proper course for the petitioners would be to- appear before that Court and pursue the matter if so advised.

8. ' With these observations petition is dismissed in limine along with the listed application.

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