ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 1088 of 2018

 

Date                 Order with Signature of Hon’ble Judge

 

1.     For orders on office objection

2.     For hearing of main case

 

22.04.2019

Mr. Hiranand Lalwani Advocate for the applicant

Mr. Manzoor Hussain Mahessar Advocate for proposed accused No.1

Mr. Shafi Muhammad Mahar, DPG for State

>>>>>>>…<<<<<<<<

           

Irshad Ali Shah, J; The facts in brief necessary for passing the instant order are that the applicant by way of making an application u/s 22-A and B Cr.P.C has sought for direction for recording his FIR against proposed accused for abducting his sister Mst. Erum. It was dismissed on 03.12.2018 by learned 4th Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur, such order has been impugned by the applicant before this Court by way of instant Criminal Miscellaneous Application u/s 561-A, Cr.P.C.

 

2.                    It is contended by the learned counsel for the applicant that it was an abduction case and learned 4th Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur has dismissed the application of the applicant without lawful justification. By contending so, he sought for direction against SHO P.S Wada Machhiyoon to record FIR of the applicant.

3.                    learned DPG for the State and learned counsel for the proposed accused have sought for dismissal of the instant Application by contending that no incident as alleged by the applicant has taken place, he in order to satisfy his grudge with the proposed accused is intending to involve them in false case malafidely.

4.                    I have considered the arguments and perused the record.

5.                    It is apparent of the record that Mst. Erum was produced by the police before learned Sessions Judge Khairpur wherein it was, inter-alia, stated by her that she after leaving the house of her parents went at P.S Pir-Jo-Goth for protection. If such statement of Mst. Erum is taken to be true, then it constitutes no offence for her abduction. In these circumstances, learned 4th Additional Sessions Judge/Ex-Officio Justice of Peace, Khairpur was justified to dismiss the application of the applicant u/s 22-A and B Cr.P.C, such order is not calling for any interference by this Court by way of instant Criminal Miscellaneous Application. It is dismissed accordingly.

 

Judge

 

 

ARBROHI