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2010 P Cr. L J 1060

SAEEN BUX vs CIVIL JUDGE AND JUDICIAL MAGISTRATE, MATIARI and 9 others

Citation2010 P Cr. L J 1060
CourtSindh High Court
Case No.Criminal Miscellaneous Application No,231 of 2008
Date2010-03-01
Judge(s)Maqbool Baqar
ResultOrder accordingly

ORDER

1. ' MAQBOOL BAQAR, J.--- In the present case on the basis of statement recorded by the present applicant/complainant F.I.R. Was recorded against respondents Nos.3 to 9, in which it was alleged that the private respondents barged into the house of the complainant. They were armed with fire- arms and hatchets. The said respondents threatened the complainant and his family of dire consequences and on the way back took away buffaloes and goats and also damaged the electricity meter. However, after investigation, the Investigating Officer submitted report under section 173, Cr.P.C. Disclosing that both the witnesses of the complainant namely Allah Jurio and Allah Rakhio have instead of supporting the applicant/complainant, stated that the allegations of advancing threats and of taking away the buffaloes and Goats of the complainant and also of causing damage to the electricity meter are false and recommended the disposal of the case in "B" Class.

2. ' The applicant/complainant through the present application has submitted that the report is false.

3. He has also filed two separate affidavits of the above two witnesses wherein it is stated that their statements have not been recorded by the Investigating Officer.

4. ' I would in the circumstances set aside the impugned order and direct the Investigating Officer to carry out re-investigation afresh after recording the statements of the above two witnesses and submit report within 15 days from receipt of a copy of this order. Copy of this order be sent to the Investigating Officer for compliance.

5. ' The Criminal Miscellaneous Application along with pending application(s) stands disposed of in the foregoing terms.##TE#

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