ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Misc. Application No. 42 of 2021

(Mst. Bibi Shazia vs. The State and others)

Date Order with signature of Judges

For hearing of main case

23.06.2023

Sardar Muhammad Zulfiqar, advocate for applicant

Mr. Abrar Ali Khichi, Addl. P.G for the State

Syed Samiullah Shah advocate for the private respondent

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The facts in brief necessary for disposal of instant Cr. Misc. Application are that an FIR with regard to abduction of his wife Mst. Shazia was lodged by complainant Muhammad Younus with PS Peerabad. Mst. Shazia denied her abduction by making such statement, therefore, such FIR was recommended by the police to be disposed of under “C” Class and was disposed of accordingly by learned XVI-Judicial Magistrate, Karachi West, vide order dated 05.09.2017, which is impugned by the applicant before this Court by preferring the instant Cr. Misc. Application.

It is contended by learned counsel for the applicant that the FIR was false, it was to have been disposed of under “B” Class. By contending so, he sought for setting aside of the impugned order, which is opposed by learned Addl. PG for the State and learned counsel for the complainant by supporting the impugned order.

Heard arguments and perused the record.

The applicant and the private respondent once being in wedlock were disputed over matrimonial affairs; such aspect of the case could not be lost sight of. On denial of abduction by the applicant, the FIR so lodged by the private respondent was recommended by the police to be disposed of under “C” class, such recommendation obviously has been accepted by learned Magistrate well within its jurisdiction. In these circumstances, there appears no justification to make interference with the impugned order by way of instant Cr. Misc. Application, same even otherwise, having been filed with delay of more than 03 years is hit by laches miserably, it is dismissed accordingly.

J U D G E