ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S- 04 of 2023.

Date of hearing

Order with signature of Judge

23.01.2023.

1.         For orders on M.A. No. 270/2023 (Urgency Application).

2.         For orders on office objections.

3.         For orders on M.A. No. 22/2023 (Exemption Application).

4.         For hearing of main case.

Mr. Shakeel Ahmed G. Ansari, Advocate for applicant.

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1.         Urgency application granted.

2.         Over ruled.

3.         Exemption allowed subject to all just exceptions.

4.         Learned counsel submits that vide Order dated 02.01.2023 passed in Sessions Case No.704/2021 re; State v. Nazeer Ahmed and others arisen out of F.I.R No.40/20221 of P.S Rustam (District Shikarpur) the learned trial Court has ordered for issuance of a non-bailable warrant of arrest against applicant who is complainant in the case due to her non-appearance before it for recording evidence. Per learned counsel, on the particular date the complainant who had appeared before learned trial Court, but due to some emergency she left the Court, as such the learned trial Court has issued NBW agaisnt her. Learned counsel however submits that the complainant and her witnesses would appear before learned trial Court on next date of hearing and prays for suspension of the NBW issued against applicant/ complainant.

            Mr. Aitbar Ali Bullo learned Deputy Prosecutor General waives notice of this application and does not oppose above proposition.

            In view of submissions made by learned counsel and no objection by learned D.P.G, the instant criminal miscellaneous application is allowed and NBW ordered against applicant/ complainant by learned trial Court is hereby set-aside with direction to the applicant to appear before the learned trial Court along with her witnesses on next date of hearing. The criminal miscellaneous application stands disposed of in above terms.

                                                       Judge

Ansari