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Official Citation: 2024 SHC 972
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-09-10
Parties: Muhammad Saleh vs Rajab Ali & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-09-10, officially reported as 2024 SHC 972. In this matter between Muhammad Saleh and Rajab Ali & others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC972
Court Name: Sindh High Court Judge(s): Zafar Ahmed Rajput, Amjad Ali Bohio Title: Muhammad Saleh vs Rajab Ali & others Case No.: Constitution Petition No. D- 2736 of 2022 Date of Judgment:2024-09-10 Reported As: 2024 SHC 972 Result: Petition Dismissed
Judgment
ORDER ZAFAR AHM ED RAJPUT, J: - Through instant petition, the petitioner seeks declaration that Recommendation of Board constituted vide office order dated 06.06.2022 by the Deputy Inspector General of Police, Hyderabad / respondent No.2 to examine the case / F.I.R bearing No.70 of 2022 u/s 324, 382, 511, 100, 34 PPC of PS Tando Muhammad Khan, is not in accordance with law and favored to real culprits who tried to shift the guilt to deceased. 2. It reflects from the perusal of the Recommendation of the Board (annexure "A" page 15 of the memo of petition) that the Board had detailed deliberations on the case and various aspects of the case were discussed, and having detailed deliberation, the Board recommended that there is no need for change of investigation of the said case. 3. It is a matter of record that the accused persons in aforementioned F.I.R. have already been acquitted of the charge vide judgment dated 02.02.2023 passed in Sessions Case No.220 of 2022 and, to the best of knowledge of the learned Addl. Prosecutor General, no Cr. Acquittal Appeal has been preferred against said judgment. Hence, after concluding of the trial in aforementioned F.I.R., there appears no cogent ground to issue directions for the re-investigation of the same crime. The petition si therefore, being devoid of any merit is dism issed, accordingly.
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