ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No. S – 481 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of main case

(Notice issued)

03.12.2018

Mr. Muhammad Bux Maitlo Advocate for the applicant

Mr. Rukhsar Ahmed M.Junejo Advocate for the respondents/proposed accused

Mr. Abdul Rehman Kolachi, DPG for the State

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Through instant Criminal Miscellaneous Application, the applicant has impugned the order dated 27.09.2016, whereby the application under Section 22-A and 22-B Cr.P.C filed by the applicant, was dismissed by the learned Additional Sessions Judge (Hudood) Sukkur, on the ground that the entire story as narrated in the application is managed in order to falsely implicate the private proposed accused persons and finding no merits, same was dismissed.

2. Learned counsel for the applicant mainly contended that the learned Ex-officio Justice of Peace has not appreciated the contents of the application, as the applicant has narrated the facts of a cognizable offence, but the learned Ex-Officio Justice of Peace while relying upon the report furnished by the police officials has dismissed the application.

3. Learned counsel for the proposed accused contended that Mst. Lailan left her house with her own and went to the house of her brother namely Ghulam Sarwar at Larkana, but the applicant in order to falsely implicate the proposed accused has concocted a false story of her abduction and trying to get register a criminal case against the present proposed accused, whereas, no such cognizable offence is made out from the story narrated in the criminal miscellaneous application under Section 22-A and 22-B Cr.P.C. Learned DPG for the State also supported the impugned order passed by the learned Ex-Officio Justice of Peace and prayed for dismissal of the instant application.

4. I have heard the learned counsel for the parties and gone through the impugned order passed by learned Ex-Officio Justice of Peace. It is an admitted position that Mst. Lailan has left her house with her own and has gone to the house of her brother namely Ghulam Sarwar at Larkana, hence the facts as stated regarding her abduction by the private respondents is not believable, hence no cognizable offence is made out. The order passed by the learned Ex-Officio Justice of Peace does not call for any interference. Consequently, instant criminal miscellaneous application is dismissed.

Judge

ARBROHI