ORDER-SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

 

Criminal Miscellaneous Application No.S-576 of 2018

           

Date of hearing:                    15.10.2018.

Date of judgment:                15.10.2018.

Applicant:                             Bilawal Ali through Mr. Muhammad Hassan Chandio, advocate.

Respondents No.1to3&5:      Through Mr. Shahid Ahmed Shaikh, Deputy Prosecutor General, Sindh.

Respondent No.4:                Ghulam Murtaza through Mr. Farooque Ali Jakhrani, advocate.

 

O R D E R

           

Fahim Ahmed Siddiqui, J: Through the instant application, the applicant has questioned the impugned order dated 05.10.2018, passed by learned 1st Additional Sessions Judge, Hyderabad / Ex: Officio Justice of Peace, Hyderabad, whereby the application of respondent No.4 for lodging FIR was allowed.  

2.                                         By pressing the instant application, the learned counsel for applicant submits that the respondent No.4 has moved instant application with malice as the applicant intends to marry with the daughter of respondent No.4 and she was also eloped with the applicant, on account of such animosity, the application for lodging FIR was filed and impugned order was obtained.

3.                                         On the other hand, learned counsel for respondent No.4 submits that the father of respondent No.4 is missing and respondent No.4 has strong apprehension which comes to believe that applicant had some hand in his disappearance.

4.                                         Learned Deputy Prosecutor General Sindh submits that the State is ready to obey the direction as and when being issued by the Court.

5.                                         Since serious allegations regarding abduction has been raised besides the contention raised on behalf of the applicant cannot be brushed aside, as such, in the existing position of affairs, it is hereby directed that in case, an statement of respondent No.4 is recorded, from where, if some cognizable offence is transpired then no arrest shall take place in response to lodging of any FIR until and unless some concrete and material evidence is collected through investigation.

6.                                         With these observations, instant criminal miscellaneous application is disposed of.

JUDGE

 

 

 

*Abdullah Channa/PS*

Hyderabad.

Dated 15.10.2018