ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No. D- 489 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

22.10.2009

Mr. Abdul Rasheed Mughal advocate for Petitioners

Mr. Allah Bachayo Soomro, Addl.A.G.

We have recorded the statement of the petitioner No.1, who claims that she has married to petitioner No.2 who is also present in Court. She further that this is her first marriage and has not married to any other person including Moula Bux who claims that she petitioner No.1 is her legally wedded wife. She has further stated that she has filed a Family Suit challenging her Nikah with Moula Bux. She stated that the Nikahnama on the basis of which Moula Bux claims marriage with her is a fabricated document. She stated that she has neither been abducted nor she is staying with the petitioner NO.2 against her wishes and the story spelt out in Crime No. 47 of 2009 of police station Jhole is based on concocted facts.

We are informed by learned Addl.A.G that the police has submitted challan in the above crime with Civil Judge and Judicial Magistrate-III, Sanghar on 26.8.2009 and now the matter is pending before Sessions Court. In view of this position and at the oral request of the petitioners we convert this petition into Cr.Misc. Application under section 561-A Cr.P.C. as we are clear in our mind that after the statement of the petitioner NO.1 which we have recorded in Court, there is no likelihood that any of the accused named in the above FIR would be convicted as the petitioner No.1 has denied to have married with Moula Bux. The continuance of the proceedings culminating from No. 47 of 2009 would be abuse of the process of court, we, therefore, quash the proceedings culminating from FIR No. 47 of 2009. Office is directed to number these proceedings as Cr.Misc. Application.

Copy of this order be handed over to the I/O who shall place it before the Sessions Judge concerned for his information and compliance.

The petitioners claimed to be insecure as the court is encircled with the relations and they might be killed. In the circumstances, we direct the SHO PS Jhole to escort the petitioners to their destination and no harm should be caused to them otherwise he will be made personally responsible.

                                                                                                                        JUDGE

                                                                                    JUDGE