IN THE
HIGH COURT OF SINDH
BENCH AT SUKKUR
Cr. Misc: App: No.S-658 of 2021
Applicant: Qurban Ali Siyal, through
Mr.
Mujahid Hussain Phulpoto,
Advocate
Date
of hearing: 04.10.2021
Dated
of order: 04.10.2021
O R D E R
Zulfiqar Ali Sangi, J: Through this Criminal Miscellaneous Application applicant
has challenged order dated 31.08.2021, passed by the Civil Judge and Judicial
Magistrate Kingri, wherein accepted the summary
report filed by investigation officer for cancellation of case under “C” class
in respect of FIR No. 62 of 2021 P.S Ahmedpur, Taluka
Kingri for offence under sections 365-B, 452 and 34
PPC.
2. Learned counsel for applicant
submitted that there was sufficient evidence for taking cognizance of an
offence but learned Magistrate has not considered the same and agreed with the
report filed by investigation officer which was based
on malafides and prayed that this application may be entertained
and impugned order may be set-aside.
3. Heard learned counsel for
applicant and Perused the impugned order.
4. From perusal of the impugned
order it reflects that the police has submitted a
summary on the basis of an statement of abducted lady Mst. Rabia
Khatoon recorded by the investigation officer at the
time when she appeared before this court in CP No. D-1104 of 2021, wherein she stated
that she had not been Kidnapped by any person. She
also stated that she has voluntarily contracted marriage with Naseem with her own free-will and without any coercion or
compulsion, she also produced free will affidavit and copy of Nikah Nama before the investigation
officer who after going through the same and the the material
collected during investigation found the case false and recommended it to be
disposed of under “C” class.
5. I have carefully examined the
impugned order dated 31-8-2021
which is well reasoned and was passed in accordance with law, all the relevant
documents and the statements collected during investigation are discussed in
the impugned order which required no interference of this court. Resultantly,
this application is dismissed in limine.
J U D G E.