Mevo Khan (Petitioner) VS P.O Sindh & Others (Respondent)

ORDER SHEET

HIGH COURT OF SINDH CIRCUIT COURT,

HYDERABAD

C.P. No.D-182 of 2021 [Mevo Khan Khoso vs. Province of Sindh & Ors] C.P.No.D-198 of 2021 [Qurban & another Ali vs. Province of Sindh & Ors] C.P. No.D-435 of 2021 [Khalil Ahmed & anothervs. Province of Sindh & Ors] C.P. No.D-479 of 2021 [Mushtaque Ali & others vs. Province of Sindh & Ors] C.P. No.D-509 of 2021 [Noorullah Dehraj vs. Province of Sindh & Ors] C.P. No.D-534 of 2021 [Nazar Ali vs. Province of Sindh & Ors] C.P. No.D-668 of 2021 [Gul Mir vs. Province of Sindh & Ors] C.P No.D-769 of 2021 [Mst. Razia & another vs. Province of Sindh & Ors] C.P No.D-845 of 2021 [Abdul Majeed vs. Province of Sindh & Ors] C.P No.D-914 of 2021 [Pir Bux & others vs. Province of Sindh & Ors] C.P No.D-1027 of 2021 [Ali Ahmed & another vs. Province of Sindh & Ors] C.P No.D-1070 of 2021 [Ayaz Ali & others vs. SHO PS Punhan Khan Chandio & another] C.P No.D-1198 of 2021 [Ali Khan vs. Province of Sindh & Ors] C.P No.D-1277 of 2021 [Mukhtiar Ali & another vs. Province of Sindh & Ors] C.P No.D-1543 of 2021 [Behram Khan vs. Province of Sindh & Ors] C.P No.D-1556 of 2021 [Khurram Ali vs. Province of Sindh & Ors]

C.P No.D-182/2021 a/w connected petitions

C.P No.D-1689 of 2021 [Muhammad Waris @ Suneel vs. Province of Sindh & Ors]

Present:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Adnan Iqbal Chaudhry

Date of hearing & Order:

M/s Muhammad Hassan Chandio, Qadir Bux, Ahmed Nawaz Chang, Muhammad Rahim Gajju & Ghulam Hussain Palari, advocates for petitioners

M/s. Sajjad Ahmed Memon & Jawad Qureshi, advocates for respondent(s)

Mr. Allah Bachayo Soomro, Addl. A.G Sindh along with Inspector Riaz Soomro and ASI Ramchomal, Inspector Manzoor Ali on behalf of SSP Hyderabad, I/O ASI Muhammad Paryal Kalhoro PS Qazi Ahmed, SIP Iftikhar Ali PS Shahpurchakar, Mazhar Ahmed Mehdi SHO PS A-Section, SIP Abdul Wahab, SIP Moazam Ali on behalf of SSP Jamshoro, ASI Zameer Ali Shah, PS Shahpur on behalf of SSP Matiari, Mr. Fayaz Hussain Sabki, A.P.G for the State.

ORDER

ADNAN-UL-KARIM MEMON, J:- We intend to dispose of all the captioned petitions by this single order, as in all these petitions, petitioners are seeking quashment of FIRs, registered against them at the Police Stations concerned under different sections.

2.At the very outset, it is stated by learned Additional A.G as well as Investigation Officer(s) concerned, present, that the cases have already been challaned before the competent Court of law.

3.Keeping in view above, we have directed the learned counsel present to satisfy with regard to maintainability of these petitions, as the cases have already been challaned before the competent Courts of law and the cognizance thereof have also been taken by the concerned Court(s). However, no satisfactory answer/reply came forward.

4.It is well settled law that FIR is nothing but just an “information”, the quashment of which will serve no purpose when the cases have already been challaned before the competent Courts of law and cognizance whereof have already been taken by the Courts concerned, therefore, petitioners/accused have the remedy before the

C.P No.D-182/2021 a/w connected petitions

trial Court(s) concerned under Section 249-A & 265-K Cr. P.C, as the case may be, if they deem themselves innocent and intend to avoid lengthy trial.

5.In view of above this Court, under its constitutional jurisdiction, cannot interfere in a settled proposition of law. Accordingly, all the captioned petitions are dismissed being not maintainable; however, petitioners/accused persons are at liberty to avail the remedy before the competent Court of law, as discussed supra, if they so desire. Reliance in this regard is placed on the case DIRECTOR GENERAL ANTI- CORRUPTION ESTABLISHMENT LAHORE & others vs. MUHAMMAD AKRAM KHAN and others (PLD 2013 SC 401).

JUDGE

JUDGE

Sajjad Ali Jessar