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