APPLICATION UNDER SECTION 190 (3) CR.P.C



IN THE COURT OF IST. CIVIL JUDGE & J.M, KANDHKOT.
Crl. Misc. Appln. No. ______ OF 2006.


Yar Ali S/O Gul Hassan, By caste Bajkani, R/O Sheedi Goth Taluka 

Qasimabad District Hyderabad ----------------------------------------- Applicant/Complainant.

VERSUS.

  1. Bahram S/O Allah Warrayo,
  2. Bijar S/O Bahram,
  3. Sadoro S/O Allah Warrayo,
  4. Hakeem S/O Ali Gohar,
  5. Ali Gohar S/O Bahram,
  6. Sadiq S/O Bahram,
        All by caste Bajkani, adult, muslims,
       R/O near Sheedi Goth Taluka Qasimabad District Hyderabad

      7. The State. ----------------------------------------------------------------- Opponents.

                                                Offences U/S 337-A(i), (ii), F(i), 147, 148, 504, 506/2 P.P.C
                                                Crime No. 135/2006 Police Station Nasim Nagar

APPLICATION UNDER SECTION 190 (3) CR.P.C.


                    It is prayed on behalf of the applicant/complainant above named that this Honourable Court may graciously be pleased to issue N.B.Ws against opponents No. 1 to 6 by joining them as accused in the above crime who were wrongly let-off by the Police during the course of investigation, on the consideration of following facts and grounds:-

F A C T S.

                        On 07.06.2006 complainant Yar Ali Bajkani has appeared at P.S Nasim Nagar for registration of F.I.R but at first instance his complaint was written in Roznamcha Book as N.C. but after receiving Medical Certificates of injured complainant such N.C. was incorporated in to F.I.R. As per F.I.R on 07.06.2006 complainant along with his brother Ali Bux and relative Goro were going to Qasimabad town for their private work as and when at about 1045 hours they reached on Bus stand leading road near Taluka Hospital accused every one Bahram, Sadoro, Ali Gohar, Bijar, Sadiq, Daim, Azim, Guhram and Hakeem, all by caste Bajkani duly armed with lathies came there from northern side. All of them abused complainant party and challenged them that they will not spare them and by saying so accused bahram caused lathi blow at the head of complainant, accused Sadoro caused lathi blow at the dorsum of right hand of complainant, accused Ali Gohar caused lathi blow at the head of complainant, accused Bijar caused lathi blow near the right ear of complainant and then remaining accused persons caused lathies and kicks blows to him. On cries of complainant party other persons rescued them from the hands of accused path. Then accused persons issued threats of dire consequences and fled away along with their lathies.

                  Police after usual investigation submitted the Challan of the case on 18.07.2006 while putting the names of opponents No. 1 to 6 in column No.2 of the Charge Sheet and shown accused Guhram, Azeem and Daim as absconders. Previously application of such nature has been moved before this Honourable Court but the same was dismissed in non-prosecution. Hence this application.

G R O U N D S.

1. That the opponent No. 1 to 6 are real accused persons and their names also find placed in F.I.R.

2. That active role is assigned to each of the opponent No.1 to 6 and the commission of offence and P.Ws in their 161 Cr.P.C statements have also supported the version of complainant.

3. That it is a day light incident, parties are very well known to each other, therefore, there is no any question of mistaken identity.

4. That it is well settled principles of law that ipsi-dixit of police is not binding upon Court.

5. That applicant crave leave of this Honourable Court to urge and plead further facts and grounds at the time of hearing of this application.

6. That it would be in the interest of justice to allow this application.

HYDERABAD                                                                                (SAJID MIR)


DATED. 18.11.2006.                                                             Advocate for complainant.


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