Pakistan Case Law← Search
1990 P Cr. L J 844

Sheikh GHULAM RASOOL vs KARAMAT HUSSAIN and another

Citation1990 P Cr. L J 844
CourtSindh High Court
Case No.Constitutional Petition No, 994 and Miscellaneous Application No, 2818 of
Date1989-11-27
Judge(s)Mukhtar Ahmed Junejo, Ajmal Mian
ResultPetition dismissed

ORDER

1. A MUKHTAR AHMAD JUNEJO, J.--- This is a petition under Article 199 of the Constitution seeking a direction against the respondents to register FIR against Inspector.Mohammad Khan Ranja and Sub Inspector Raja Hamecd, both posted at C.I.A., Thatta on the ground that on 7-10-1989 at 5-30 p.m. Without any search warrant they have raided the house of the petitioner and while searching the house, they took away articles mentioned in para. (6) of the petition. It is alleged that the petitioner and his son were also taken into custody but upon payment of illegal gratification of Rs,7,000. They were released. After that the petitioner approached the respondent No,1 for the registration of F.T.R. Against the above two C.I.A. S.Is. And also addressed a complaint dated 8-10- 1989 to the Inspector General, Sindh, Karachi to bring to his notice the above grievance. Since no action was taken, he has filed the present petition. We had issued a pre-admission notice to the learned A.-G. In response to which Mr. Abdul Hafeez Lakho, learned A.-G. Is present alongwith Karamat Hussain, S.I./S.H.O., Thatta and states that the C.I.A.'s above two Inspectors were making search in connection with stolen property in Crime No, 98/1989 of P.S. Thatta and for which no search warrant was needed. He further submits that the respondent No,1 is willing to register the F.I.R. Provided after enquiry under section 157, Cr.P.C. He is satisfied that it was a fit case for registration of thc F.T.R. In our view, the petitioner first may participate in the investigation under section 157, Cr.P.C. To be conducted by respondent No,1, in case respondent No,1 fails to register F.I.R., he may either file direct complaint or may approach this Court again.

2. ' With the above observations the petition is dismissed.

Cited by 1 case

For educational and research use only β€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerΒ·PrivacyΒ·TermsΒ·Search