2015 PLP 2474 (YLR)

SYED SAEEDUDDIN NASIR, J.-- Applicant has filed this application under section 561-A, Cr.P.C. against the order dated 1-11-2013, passed by the learned 1st Civil Judge and Judicial Magistrate Nawabshah whereby the said Court disposed of .the police report under section 174, Cr.P.C. with direction to submit challan against the applicant and others before the Court of law under sections 302, 311, 120-B, 114, 34, P.P.C. in the present crime of murder of one lady Mst. Sakina with further direction to the SSP Shaheed Benazirabad to submit final challan sheet under section 173, Cr.P.C. through DPP Shaheed Benazirabad.

2. According to the facts mentioned in the FIR on 19-08-2013, complainant SIP Muhammad Raheem Gopang along with HC Ahmed Nawaz, PC Khalid Hussain, PC Rano Khan and driver PC Abdul Wahid in official uniform received information that one Khamiso Khan son of Ali Hassan alias Lahoti (2) Ali Hassan alias Lahoti son of Muhammad Khan Rind, both resident of village Ali Nawaz Jamali have been making plan to kill Mst. Sakina the daughter of Ali Hassan alias Lahoti aged about 18/19 years, who some days ago had left her house and returned back to the house, in their otaq. On receipt such information, the aforesaid police official proceeded to the village Ali Nawaz Jamali and reached at about 1700 hours outside the house of Ali Hassan alias Lahoti, in the meantime, heard cries. Therefore, they entered immediately along with staff and saw one Khamiso son of Ali Hassan alias Lahoti holding Repeater in his hand (2) Ali Hassan alias Lahoti son of Muhammad Khan Rind empty handed standing there who on seeing the police party in uniform escaped away to yards western side by scaling over the wall and on the ground one young girl was lying having fire shot injury at right side over the chest and blood was oozing out and was in critical condition. The girl disclosed dying declaration that my brother Khamiso Khan Rind at the instance of my father Ali Hassan alias Lahoti has caused straight fire shot of Repeater by declaring her as 'Kari'. The girl was taken to the hospital where blood was oozing out of her body and she expired there.

3. Learned counsel for the applicant has inter alia submitted that the accused have not committed the offence and the story stated in the FIR is false, fabricated and managed. The Magistrate did not consider that the proper investigation has been conducted and statements of natural witnesses have been recorded and such report was also approved by the SSP Shaheed Benazirabad. The only complainant is police officer, therefore, the complainant is not credible inasmuch as the deceased Mst. Sakina has committed suicide as she annoyed with her husband, she took Repeater from her husband and shot herself. No recovery has been made from the accused persons at the place of incident. Learned counsel for the applicant has relied upon 2013 MLD 250 Peshawar and 2013 PCr.LJ 1835 Lahore.

4. Learned D.P.G. Sindh appearing for the State has opposed this application and states that alternate remedy is available to the applicant to file application under section 265-K, Cr.P.C. for quashment of the FIR against the present applicant/ accused and it is a premature stage to make such an application.

5. Heard arguments of the learned counsel for the parties, perused the record available in the file and case-law cited by the learned counsel for the applicant.

6. The learned counsel for the applicant has also produced post mortem report, which is not available in the file, however, the perusal of the same progressed the version of the complainant in the FIR, the cause of death stated in the post mortem is also given shot injury which caused measuring about 4.0 x 4.0 x 10.0 cm, black in color. The rulings relied upon by the learned counsel are not relevant to the facts of the present case and are quite distinguishable. In view of above, I am of the considered opinion that this is a pre mature stage, the impugned order is un exceptionable and I do not find appropriate to interfere in the same, therefore, the criminal miscellaneous application stands dismissed along with listed application. HBT/A-154/Sindh Application dismissed.