ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Misc. Application No. 194 of 2022
(Raheel vs. S.P (Investigation) Karachi East and
others)
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DATE ORDER
WITH SIGNATURE OF JUDGE(s)
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Before: Irshad Ali Shah J.
1. For orders on office objection at A
2. For hearing of main case
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20.07.2022
Applicant is
present in person
Mr. Faheem
Hussain Panhwar, D.P.G
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It is alleged by the applicant that some unknown
culprits abducted his wife Mst. Rohi Bano together with his kids and household
articles in order to subject her to rape. By making such allegation, he lodged
such FIR with P.S Model Town, District Korangi, Karachi, same on investigation was
recommended by the police to be cancelled under “C” class and was cancelled
accordingly by learned IX Judicial Magistrate, Karachi East vide order dated 10.02.2022,
which is impugned by the applicant before this Court by preferring the instant
Criminal Misc. Application.
It is contended by the applicant that learned
trial Magistrate has passed the impugned order in slipshod manner without
considering the material brought on record, therefore, it is liable to be set
aside with direction to learned trial Magistrate to take cognizance of the
offence.
None has come forward to advance arguments on
behalf of private respondents. However, learned D.P.G for the State by
supporting the impugned order has sought dismissal of instant Criminal Misc.
Application.
Heard arguments and perused the record.
The FIR of the incident has been lodged with
delay of about one month, such delay having not been explained plausibly could
not be overlooked. Mst. Rohi Bano the alleged abductee, in her 164 Cr.P.C
statement has denied her abduction by inter-alia stating therein that she
actually was divorced by the applicant and after divorce she with her kids is
residing separately in a rented house and nothing was stolen by her from the
house of the applicant. A civil dispute between the parties over custody of the
kids is also going on before the Guardian Court having jurisdiction. In these
circumstances, learned trial Magistrate was right to order disposal of the
subject FIR under “C” Class by way of impugned order, such order is not calling
for any interference by this Court by way of instant Criminal Misc. Application,
it is dismissed accordingly.
J U D G E