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Petitioner: ABDUL SATTAR VS Respondent: StateHonorable Justice Ali Sain Dino MetloMuhammad Amjad Chohan
2009 P Cr
2009 P Cr. L J 689
[Karachi]
Before Ali Sain Dino Metlo, J
ABDUL SATTAR----Applicant
Versus
THE STATE----Respondent
Criminal Miscellaneous Application No.229 of 2008; decided on 12th November, 2008.
Criminal Procedure Code (V of 1898)---
----S. 561-A---Penal Code (XLV of 1860), S.302/34---Appreciation of evidence---Application for exercising inherent powers of High Court---Counsel for applicant/complainant, after going through the papers of investigation, had conceded that no evidence was available on record for putting female or any other person on trial for the murder of applicant's brother, as all the witnesses in whose presence the deceased had died had stated before the Investigating Officer that the deceased had died natural death, and nobody had administered poison to him---Sons and daughters of deceased had clearly stated that their father died natural death and nobody had administered poison to him---No exception could be taken to the order of the Magistrate for granting approval for the disposal of case in "A" class.
Muhammad Amjad Chohan for Applicant.
Syed Miran Muhammad Shah, Addl. A.-G. for the State.
ORDER
ALI SAIN DINO METLO, J.--- After going through the papers of investigation, the learned counsel for the appellant concedes that there is no evidence for putting Mst. Parveen or any other person on trial for the murder of applicant's brother Farman Khan as all the witnesses in whose presence the deceased had died have stated before the Investigating Officer that the deceased had died natural death and nobody had administered poison to him. His sons Irfan Khan, Suleman, Jibran, Umair and daughters Mst". Hina Khan, Mst. Shela Gul, Mst. Ambreen and Mst. Mehvish have clearly stated that their father died natural death and nobody administered poison to him.
In such circumstance, no exception can be taken to the order of the Magistrate for granting approval for the disposal of case in 'A' class. The application, being meritless, is dismissed.
H.B.T./A-37/K Application dismissed.