ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Misc. Appln. No. S- 06 of 2023.

Date of hearing

Order with signature of Judge

09.02.2023.

1.         For orders on office objections.

2.         For hearing of main case.

Mr. Tahir Abbas Shah, Advocate for applicant.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J-     Through captioned criminal miscellaneous application, applicant Mst. Fareeda Baloch has impugned the order dated 04.01.2023, passed by the learned 1^st Additional Sessions Judge/ Ex-Officio/ Justice of Peace, Larkana, whereby he has dismissed an application filed by the applicant in terms of Section 22-A & 22-B Cr.P.C, seeking order for registration of F.I.R., in respect of alleged abduction of her daughter, namely, Saima, claiming to be aged about 14 years, by the proposed accused Sabir and others.

            The learned counsel for applicant contended that learned Justice of Peace has erred in law and exercised discretion in favor of the proposed accused. He further added that the contents of application filed by the applicant under Section 22-A & 22-B Cr.P.C, prima-facie discloses the commission of a cognizable offence and as per provisions of Section 154 Cr.P.C the Officer Incharge of the Police station is required and bound to register F.I.R and he has no power to refuse. Lastly, he prayed that his application may be allowed and respondent No.1 may be directed to register F.I.R of the applicant.

            Perusal of the impugned order reflects that the learned Ex-Officio/ Justice of Peace called report from SHO of concerned Police station, who reported that no such incident has taken place and the applicant has filed application with false facts. Perusal of impugned order further reflects that, alleged abductee has entered into freewill marriage with proposed accused Sabir at Karachi and copies of “Nikahnama” and freewill affidavit are available on record. Furthermore, copy of “Nikahnama” and freewill affidavit of alleged abductee has also been annexed with this application, which shows that she is aged 19 years and has contracted freewill marriage with Sabir.

            Since, version of applicant has been negated by the concerned police with regard to happening of the alleged incident in a fashion as disclosed by the applicant in her application. In these circumstances, when concerned police has already negated and denied the version of the applicant, what would be expected from them, if the F.I.R of the applicant is registered, as such proper course for the applicant would be that of availing adequate remedy in shape of direct complaint.

            The impugned order appears to be well reasoned and speaking and lacks any illegality and infirmity therein; as such it does not call for any interference by this Court. Consequently, the captioned criminal miscellaneous application being merit-less stands dismissed.

                                                       Judge

Ansari