ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Misc Appln No. S-439 of 2023

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DATE              ORDER WITH SIGNATURE OF HON’BLE JUDGE_______

1. For orders on office objection “A”.

2. For hearing of main case.

28-02-2025

Mr. Naushad Ali Tagar, Advocate for the Applicant

                        Mr. Sarfraz Ahmed Abbassi, Advocate for Respondent No.4

                        Mr. Farhat Ali Bugti, Advocate for Respondent No.5

                        Mr. Muhammad Noonari, DPG for the State.

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Khalid Hussain Shahani, J:- The applicant, Mst. Farha Deeba, has invoked the inherent jurisdiction of this Court under Section 561-A of the Cr.P.C., seeking judicial review of and redress against the order dated 04.11.2023, passed by the learned Additional Sessions Judge-I/Ex-Officio Justice of Peace, Larkana, in Criminal Miscellaneous Application No.1983/2023. The said application, filed under Sections 22-A & B Cr.P.C., was dismissed.

02.      The applicant asserts that on 24-10-2023, her husband, while proceeding to attend court proceedings, did not return home, prompting her son to lodge a Non-Cognizable Report at PS Civil Line regarding his disappearance. Subsequently, she became aware that the proposed accused had allegedly abducted and unlawfully confined her husband at an undisclosed location. The applicant maintains that the abduction was a premeditated act to subject her husband to malicious prosecution, as he was later handed over to the police and falsely implicated in a criminal case. The Supreme Court of Pakistan, in its various judgments, has emphasized that allegations of enforced disappearance and unlawful detention require prompt and impartial investigation to uphold constitutional rights. The applicant contends that the impugned actions violate her husband’s fundamental rights enshrined under Articles 4, 9, and 10-A of the Constitution of Pakistan, 1973, and warrant judicial intervention to ensure due process and a fair investigation into the matter.

03.      Heard and perused the material on record.

04.      It is an undisputed fact that the applicant’s husband was arrested in connection with Crime No.127/2023 registered at PS Sachal. Furthermore, the In-charge of the District Complaint and Redressal Cell, Larkana, in his official report, has categorically stated that no incident of abduction or unlawful detention of the applicant’s husband took place. The applicant’s primary grievance revolves around the assertion that her husband has been falsely implicated in the said criminal case due to mala fide intentions on the part of the police. The Honorable Supreme Court of Pakistan, in a catena of judgments, has held that allegations of false implication in criminal cases must be substantiated with concrete and unimpeachable evidence. Mere assertions without supporting material do not warrant interference by the courts in matters where the police authorities have conducted an inquiry and found no substance in the allegations. Furthermore, it is well-settled in law that where an alternate remedy is available, the extraordinary jurisdiction of this Court should not be invoked without justifiable grounds. In the present case, given that the concerned police authorities have already investigated and negated the applicant’s version, any direction for the registration of a criminal case against them would not serve the interests of justice but rather create a situation of legal uncertainty. The impugned order of the learned Additional Sessions Judge-I/Ex-Officio Justice of Peace, Larkana, is based on well-reasoned findings and does not suffer from any legal infirmity requiring interference. Consequently, the instant Criminal Revision Application is devoid of merit and stands dismissed accordingly.

05.      It is, however, observed that the applicant is at liberty to avail an adequate remedy by filing a private complaint, which would provide a more efficacious legal recourse, should she so desire.

JUDGE

S.Ashfaq/-