2008 PLP 1657 (MLD)

MUNIB AHMAD KHAN, J.

In terms of the order passed in both these applications certain directions were issued. In response thereto Jaffar Baloch, P.I./S.I.O., on behalf of S.S.P. Investigation, Ch. Nazeer Ahmed, S.-I. City Court, Police Station Saddar, T-II, Zone-I, C.C.P., Karachi and S.I.P. Ali Gohar Soomro, Preedy along with Afsheen Aman, State counsel, Investigating Officer Ch. Nazir Ahmed, submits that previously the investigation was with Ali Gohar Soomro and thereafter it has been assigned to him and he has investigated the matter. He submits that the matter was taken up with the D.I.-G. and two S.S.Ps. Zone-II, while another meeting, participated by D.I.-G. Investigation, S.S.P., A.V.C., and S.P. A.C.L.U, and in all these meetings the contention of the applicant has been rejected. He submits that since he has already investigated the matter and submitted a report under section 173, Cr.P.C., wherein he has described the case as falls in B-Class, therefore, now it is the issue before the learned Magistrate to pass an order on that. They also submit an application along with order of Sessions Judge as well as outcome of the meetings. He further submits that once the matter has also taken up before the Sessions Judge but contention of the applicant was rejected. Even after above situation the applicant submits that her matter has not properly been scrutinized by the police officials as well as by the Magistrate and that her case falls under section 365-A, P.P.C., while it has been dealt with under section 365-A, and that the Magistrate has .wrongly entertained the police report. It is being observed that the officials are duty bound to submit their report after investigation and it will be the Magistrate to decide as to whether under the given circumstances the said report is to be accepted or some other direction to the issued to the police officials. During the course of arguments it has come on record that the applicant is levelling allegation against her real uncle and aunt, who according to Ch. Nazeer Ahmed, Investigating Officer are aged persons. The applicant states that since the property is involved, therefore, they are after her. The learned Magistrate is directed to look into the matter and after hearing the applicant to pass an order on the police report which has been submitted and to pass an order within one month. Both the Cr.Tr. as well as the Miscellaneous Application stand disposed of. It has further been noted that on the complaint of the applicant that the Magistrate and his officials are demanding money for issuance of the copies, comments were asked by this Court from the Magistrate, but today no comments have been received. In the circumstances, non-compliance of the order of this Court amounts to negligence on the part of the Magistrate, therefore, M.I.T-I, is directed to seek explanation from the Magistrate and if he finds that reply is not satisfactory then place it before the Court. Order accordingly. H.B.T./A-99/K Order accordingly.