ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.  Misc. A. Nos. S- 38 of 2025

Date of hearing

Order with signature of Judge

 1. For orders on MA No.626 of 2025. U/A

 2. For orders on office objection-A

 3. For orders on MA No.627 of 2025. E/A.

 4. For hearing of main case.

 5. For orders on MA No.628 of 2025. S/A

04.02.2025.

          Mr. Habibullah G. Ghouri, advocate for the Applicant.                                         ------------

1.       Urgency is granted.

2.       To be complied with within ten days.

3.       Exemption is granted subject to all just exceptions.

4&5.   Learned Counsel submits that after usual investigation the case was opined to be disposed of under "C" class by the Investigating Officer; however, learned Magistrate being not satisfied to such report took cognizance of the case, ignoring the fact that alleged abductee has contracted  love marriage with Ayaz Ali with her own accord and freewill under registered Nikahnama as well sworn affidavit of freewill. Learned Counsel has also drawn attention of the Court to an order dated 04.12.2024 passed by the Hon'ble Lahore High Court, Bahawalpur Bench Bahawalpur, in which it is held any Magistrate at any place in Pakistan is authorized to record statement under section 164 Cr.PC during investigation or afterwards before commencing of inquiry or trial. Learned Counsel emphasized that if the impugned order passed by learned Magistrate is not suspended, the very purpose of filing application under section 561 Cr.PC will be frustrated.

          The contention raised requires consideration. Issue notice to the Respondent as well as Additional Advocate General, Sindh for 17.02.2025. Meanwhile, the operation of impugned order dated 29.1.2025, passed by the Court of learned Judicial Magistrate, Kashmore on the report under section 173 Cr.PC shall remain suspended, till next date of hearing.

                                                                        J U D G E

S.Ashfaq