ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

2^nd Crl. Misc. Appln. No. S-  52 of 2022.

Date of hearing

Order with signature of Judge

20.07.2023.

1.          For orders on office objections.

2.         For hearing of main case.

Imtiaz Ahmed Bhatti applicant-in-person.

Mr. Ali Anwar Kandhro, Additional Prosecutor General.

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Amjad Ali Sahito, J-  Through captioned criminal miscellaneous application, applicant Imtiaz Ahmed Bhatti has impugned the order dated 10.12.2019, passed by the learned Additional Sessions Judge-V/ 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.

            Per applicant vide order dated 05.08.2017 and decree dated 07.08.2017 passed in Guardian Appeal No.05/2016 the custody of minor baby Noor Fatima was handed over to his father, namely, Naveed Akhtar, who happens to be son of the applicant. The order is available at page 83 of the file, wherein it has been shown that one Naveed Akhtar was allowed to be handed over custody of minor. The applicant submits that after passing judgment and decree the minor was not handed over by her mother, as such she has committed offence punishable under Section 361 P.P.C. Therefore, he prays that the impugned order be set-aside and SHO concerned may be directed to register his F.I.R.

            Learned D.P.G. supported the impugned order.

            Admittedly, there is long standing litigation between the parties in respect of same matter, which is the subject of this case; they have filed number of cases against each other. Finally, an application under section 25 of the Guardian & Wards Act was filed, which was dismissed and consequently the appeal was filed by Naveed Akhtar, the father of minor against one Hussain Bux and Mst. Samina (the mother of minor baby), which was allowed and custody of the minor was not handed over to said Naveed Akhtar.

            It is matter of record that said Naveed Akhtar had not approached to learned Sessions Judge/ Ex-Officio/ Justice of Peace for registration of F.I.R. Moreover, if any offence was committed by the proposed accused Hussain Bux and Mst. Samina by violating order passed by learned Additional District Judge, said Naveed Akhtar may had filed contempt application before the same Court.

            Furthermore, the minor baby girl is said to be with her real mother, and it is nowhere mentioned that the minor was kidnapped by her mother/ proposed accused, as such no offence under Section 361 P.P.C. seems to have been committed by the mother. The applicant has also failed to point out any illegality and irregularity in the impugned order.

            In view of foregoing, the instant criminal miscellaneous application being devoid of merits is hereby dismissed.

                                                              Judge

Ansari