ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No.D- 227 of 2022

 

Date of hearing

Order with signature of Judge

                            

Hearing of case.

 

1.    For orders on office objection at Flag 'A'.

2.    For hearing of CMA 1047/2022 (Ex)

3.    For hearing of main case.

 

05.04.2022.

Mr. Imam BakhshMarri, Advocate along with petitioners.

Mr. ShahriyarImdadAwan Assistant Advocate General.

Syed Sardar Ali Shah Additional P.G.

                   -.-.-.-.-.-.-.-.-.-

 

          ASI Sikandar Ali of Police Station Bhirya city is present and recorded the statement of petitioner No.1 Mst. Ameena alleged abductee wherein she has stated that she being sui-juris has contracted marriage with petitioner No.2 with her own free will and consent. No one has abducted her nor enticed her away, but her brother lodged FIR false against her husband and his family members.      

2.   I.O ASI Sikandar Ali of Police Station Bhirya city present and states that before this, the case was investigated and report under section 173 Cr. P.C was submitted before the concerned Magistrate and the case was disposed of under “B” false class. But the Magistrate was not agreed and has taken the cognizance of offence.Learned counsel for the petitioners present and submits that in consequence of the cognizance taken by the Magistrate, the NBWs were issued against petitioner No.2 and his brother as such petitioner No.2 is unable to attend the Court.

3.       ASI Sikandar Ali of Police Bhirya present in Court is directed to submit the further report before the concerned Magistrate in view of the statement of the petitioner No.1/alleged abductee recorded by him today in the Court. However, the NBWs issued by the trial Court against the petitioner No.2 and his brother are set aside for 20 days,enabling the petitioner No.2 and others to approach the Trial Court for filing a pre-mature application under section 265-K Cr.P.C or 249-A Cr.P.C for his/their acquittal. It is made clear that if petitioner No.2 and the other accused person nominated in the FIR failed to appear before the learned trial court within the stipulated time. The order will seize to have been effected and NBWs already issued against the accused persons shall be revived

4.       In view of the above, this Const. The petitionis disposed of, however, the police officials are directed to provide protection to the petitioners and to act strictly in accordance with the law.

 

 

J U D G E

 

 

J U D G E

 

Irfan/PA