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Petitioner: GAMAN VS Respondent: S.H.O. DATAR DINO, POLICE STATION NEW FOUJDARI, SHIKARPUR and 2 others
Court Name: Sindh High Court Judge(s): Kamal Mansur Alam, Salahuddin Mirza Title:GAMAN vs S.H.O. DATAR DINO, POLICE STATION NEW FOUJDARI, SHIKARPUR
and 2 others Case No.: Constitutional Petition No,295 and C.MA. 826 of 1992 Date of Judgment:1993-02-24 Reported As: 1993 P Cr. L J 1286 Result: Petition allowed Judgment ORDER ' SALAHUDDIN MIRZA, J.--- This application has become infructuous and is dismissed. 2. The contention of the petitioner is that he alongwith one Gul Muhammad, Jiand, Ali Sher and Pathan came to the Court of IInd Additional Sessions Judge, Shikarpur, on 19-5-1992 in connection with Sessions Case No,54 of 84 and 30 of 1983. It is submitted that the petitioner, Gul Muhammad and Jiand were witnesses in the former case while Ali Sher in the latter and Pathan was the Nekmard who accompanied them to watch the proceedings of these cases. On reaching the gate of the Court, they were rued upon by certain persons belonging to the other party. As a result of this Pathan died and Ali Sher was injured. After this incident the police arrived at the place and fire was exchanged between the two groups and the police, in respect of which F.I.R. No,54/92 at New Foujdari Police Station, Shikarpur was lodged by the S.H.O. On 19-5-1992. It is alleged that when the petitioner approached the S.H.O. For lodging the F.I.R. It was refused. The learned AA.-G. States that as there is already an F.I.R. No,54/92 concerning the incident there is no necessity of registering another F.I.R. The contention of the petitioner's counsel in this regard is that F.I.R. No,54/92 registered by the police relates to the event which took place after the murder of the deceased Pathan and injury to Ali Sher as it narrates that part of event which occurred after the police had reached the place of occurrence. With regard to the incident which accrued before the police .Reached the scene which resulted in death of a person and serious injuries to another, there are no details in the registered F.I.R. And therefore, the petitioner is entitled to lodge the F.I.R. In respect of that incident. We are, therefore, of the view that the F.I.R. Of the applicant Gaman should be registered in respect of the
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earlier incident in which Pathan had died and Ali Sher was injured. We accordingly direct respondent No,1 to record the F.I.R.