Order Sheet

IN THE HIGH COURT OF SINDH,

BENCH AT SUKKUR

Crl. Misc. Application No.S-467 of 2020

Date	Order with signature of Judge

1. For Orders on office objection.

2. For hearing of main case.

23-09-2021.

Mr. Kamran Hyder Abbasi advocate for the applicant.

Mr. Aftab Ahmed Shar, Additional Prosecutor General.

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Through the instant Crl. Misc. Application, the applicant has impugned the order dated 23-01-2020 passed by learned IVth Additional Sessions Judge/Ex-Office Justice of Peace Khairpur, whereby dismissed the application u/s 22A & B Cr.P.C for registration of FIR filed by the applicant against the respondent No.3 Noor Saba, hence he filed the instant application.

Learned counsel for the applicant has contended that respondent No.3 Noor Saba filed suit No. 283/2019 for recovery of dower, maintenance and conjugal rights against the applicant before the Family Court Khairpur, which was dismissed; that neither the applicant has contracted marriage with the respondent No.3 nor such Nikah was performed; that the applicant filed suit for jactitation of marriage against the respondent No.3, which was decreed in his favour; that the respondent No. 3 has committed the cognizable offence by making false and fabricated document of Nikahnama, hence she is to be prosecuted.

Respondent No.3 Noor Saba is present in the Court states that due to death of her father, she could not appear before the Court and in her absence, the suit was decreed in favour of the applicant and such judgment has been assailed by her by filing appeal before the learned District Judge, Khairpur.

Learned APG for the State contends that a lady cannot managed a false Nikahnama, therefore, he supports the impugned order.

I have heard learned counsel for the applicant, respondent No.3 in persons as well as learned APG for the State.

Admittedly, the suit No. 309/2017 filed by the applicant was decided in favor of the applicant and such judgment has been impugned by the applicant before the Court of learned District Judge Khairpur, therefore, it is premature give any finding at this stage, as such the instant Crl. Misc. Application is dismissed, however the applicant is at liberty to file a fresh application after deciding the appeal by learned District Judge Khairpur/High Court filed by the respondent No.3.

Judge

Nasim/P.A