' AAMIR RAZA NAQVI, J.---Granted.
2. Mr. Saleem Akhter, Additional P.-G. Waives notice of this petition. Practically through this petition order dated 16-12-2013 passed by learned IVth Civil Judge and Judicial Magistrate, Malir Karachi has been impugned. Through such order after the challan the learned trial Court refused to issue warrants on the ground that when police could not arrest the accused persons during investigation they would not be A arrested by the same police. The learned trial Court ignored the provisions of law which give extra powers to the Courts of law available in the Criminal Procedure Code. Such powers include attaching the properties under sections 87 and 88, Cr.P.C. In fact the trial Court has refused to exercise powers by not issuing warrants and adopting procedure provided under sections 87 and 88, Cr.P.C. Available to the said Court under the law. The trial Court has relied on a case PLD 2001 Karachi 211. Mr. Saleem submits that the case law relied by the learned trial Court is not applicable in this case as in this matter a fresh case has been put on dormant which is against the scheme of law. The case which has been referred by the trial Court deals with the situation in which co-accused who was already behind the bars was kept waiting till the proceedings under sections 87 and 88, Cr.P.C. Are completed against the alleged absconder. In the said case the practice of keeping the arrested person waiting for the trial on account of proceedings against co- accused person under sections 87 and 88, Cr.P.C. Was disapproved which is not the case in hand.
Learned trial Court should exercise powers available to it under sections 75, 87 and 88, Cr.P.C. If those proceedings fail only then the case could be kept on dormant file. It is further observed that in the instant case no undue haste should be adopted and proper efforts should be made to arrest the accused persons. In case of non-compliance by the police concerned, the Court may write B to the higher officials for getting issued necessary directions from the superiors of the police officials who are not complying with the order of court.
' With these observations the above petition is disposed of by consent.