Subordinate police official should cause any harassment to the petitioner or any one else.

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No.  203 of 2008.

1.                  For orders on office objection (A).

2.                  For Katcha Peshi.

29.04.2008.

                        In this case notice was issued to the S.P Investigation Dadu who is respondent No. 2 in this case.  He has filed statement, wherein he has denied all the allegations made against him in the petition and in concluding paragraph of his statement he has mentioned as under: -

                        “It is submitted that the undersigned/ respondent No. 2 ensures that investigation will be get carried out fairly, impartially and honestly and also sincere efforts be made to apprehend the accused.  However this office has no objection if investigation be made through any senior officer. Moreover this office ensures that no harassment be caused to the petitioner and no action be taken beyond the law and any action if taken will be strictly in accordance with the law.  The undersigned/ respondent No. 2 further ensure to act strictly in accordance with the law. In view of the above submission it is respectfully prayed that this Hon’ble Court may kindly be pleased to dismiss the petition filed with malafide intentions, in the interest of justice.”

                        Similarly, the D.P.O Dadu, who is respondent No.3 in this case has stated that he will take care that no subordinate police official should cause any harassment to the petitioner or any one else.

                        SIO/ ASI Syed Gambal Shah who is respondent No. 1, has filed a long statement, the relevant paragraph is reproduced hereunder:  -

                        “That since the investigation of the case is under process and during which the statements of the witnesses under section161 Cr.P.C. have been recorded, the efforts for arresting the required accused are being taken sincerely and even the petitioner has never been harassed by the answering respondent. It is further submitted that the case is under investigation and as son as the investigation is completed, the charge under section 173 Cr.P.C. would be submitted before the competent court.”

                        Inspite of all this assurance given by the police officers the learned counsel for the petitioner insists upon transfer of the investigation. The grievance of the learned counsel is that Investigating Officer has not recorded statements under section 161 Cr.P.C. of his witnesses, namely, Iqbal and Muhammad Mithal. The I.O is directed to record the statements of these two witnesses within three days and submit the challan in court within one week. Petition stands disposed of.