Criminal Miscelleneous 218/2018 (S.B.) Sindh High Court, Circuit at Larkana

Sindh High Court · 2018 · Before Zafar Ahmed Rajput

PWs seek suspension of the operation of NBWs issued by the Court of learned Judicial Magistrate-VIl, Shikarpur in Criminal Case No.91/2017, arisen out of Crime No.46/2017, registered at Police Station Jamal/Karampur, District Kashmore at Kandhkot, under Sections 431, 434, 427, PPC and 61 & 62 of the Irrigation Act.

Learned Counsel states that in the aforementioned case the applicants are prosecution witnesses and the matter was fixed before the trial Court on 13.7.2018 and 10.8.2018 for recording of their evidence; however, due to certain urgent domestic work they could not appear before the trial Court and in consequence thereof the trial Court has passed an order for issuance of NBWs against the applicants. He further states that the applicants/PWs are ready to appear before the trial Court on the next date of hearing i.e. 29.8.2018, but as the NBWs have been ordered to be issued against the applicants/PWs, they apprehend their immediate arrest. The learned Counsel further submits that he will be satisfied and would not press this criminal miscellaneous application if the same is disposed of by suspending the operation of NBWs issued by the trial Court against the

applicants.

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Mr. Khadim Hussain Khooharo, learned Additional Prosecutor General, present in Court in some other cases, records no objection for the disposal of this criminal miscellaneous application as proposed by the learned Counsel for the applicants.

Accordingly, this criminal miscellaneous application is disposed of by suspending the operation of the NBWs issued by the trial Court against the applicants/PWs, however, with direction to the applicants to appear before the trial Court on the next date of hearing i.e. 29.8.2018 for recording of their evidence.

This criminal miscellaneous application stands disposed of.

JUD

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