19-AUG-2026
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Received Criminal Miscellaneous Application under section 22-A sub-section 6 (i) Cr.P.C from the court of Honorable Sessions Judge Ghotki for disposal according to law. The applicant is present along with his counsel. Mr. Rafique Ahmed Chachar, advocate appeared along with proposed accused Muhammad Chhuttal, Wazeer Ahmed and Zameer Ahmed and submitted vakalatnama on their behalf, which is taken on record. ??Perusal of material and argument by the both learned counsel reveals that Doctor Asif Hakeem Kalwar purportedly issued MLC No.1276/2026 dated:16-8-2026 declaring injury No.1 as JGJ mutalahimah, which being punishable u/s 337-F(iii) PPC is cognizable and other injuries JGJ damiyah and other hurts are non cognizable. Applicant???s version prima facie finds support from MLC and per file in hand present applicant prior to invoking this Court???s jurisdiction also addressed an application in this regard to SSP Ghotki and SHO P.S A-Section Ghotki duly received by P.S on 17-8-2026. It is worth observing that a Circular No.AIGP/Legal/LC/CPO/2957-64 dated:14-4-2026 has been issued by office of IGP Sindh Karachi directing all SSPs, SHOs and other concerned police officers to ensure that FIRs in cognizable cases be lodged strictly in accordance with section 154 Cr.P.C and in case of deviation from the afore mentioned instruction the matter shall viewed seriously and appropriate disciplinary action shall be taken against the concerned officer(s) under the relevant laws and rules. The learned ADPP for State submitted that SHO/In-charge duty officer by law is bound to record applicant???s statement in terms of section 154 of 155 Cr.P.C whatever situation be. Consequently, based on tentative judicious assessment broguth on record I am clear in my mind that the alleged cognizable offence needs incorporation in terms of section 154 Cr.P.C followed by fair investigation in accordance with law and Police Rules thus application in hand stands allowed with direction to SHO concerned to record applicant???s version in order to set law into motition and to ascertain real facts. Needless to say that I.O will not arrest any of the accused until and unless he collects tengible and incriminating material against accused in the alleged offence.
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Hearing of Petition U/S 22-A |
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ADJ III, Ghotki
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