ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt: Petition.No.S-71 of 2025

DATE	ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection “A”.

2. For hearing of main case.

15.04.2025

                        Miss. Fasiha Noor Soomro, Advocate alongwith petitioner.

Mr. Quwat Ali Shah, Advoctae for respondent s No.4,6, & 7.

Mr. Nazir Ahmed Bhangwar, Deputy Prosecutor General.

Mr. Abdul Waris Bhutto, Asst.A.G a/w Inspector Ziyad Ali Noonari,   SHO, P.S Kashmore.

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                        Detainee Mst.Tasleem Bibi produced before this Court by her mother Mst. Gulabo, states that she was married with Kashif Ali, whose behavior was not up to the mark, therefore, she went to the house of her mother, on which the F.I.R No.207/2024 was recorded by Kashif Ali at P.S Kashmore for offence under Sections, 343, 506/2 PPC alleging illegal confinement of the alleged detainee Mst.Tasleem Bibi. During investigation, the concerned I.O produced the alleged detainee before the learned Magistrate on 05.12.2024 wherein she recorded statement that she has left the house of petitioner by her own free will as she was not feeling comfortable over there due to maltreatment at his hands. Today, she has again confirmed that she does not intend to live with Kashif Ali and for that purpose, she has filed suit for dissolution of marriage before the Court of Family Judge, Obauro. The plaint of said suit has been submitted by the alleged detainee. It is very strange that the petitioner had re gistered F.I.R for offence under Section 343, 506/2 PPC  with P.S Kashmore and thereafter the detainee appeared before the Magistrate and recorded her statement clearly disclosing that she has not been confined or abducted by any person, even then the petition has been filed by the petitioner alleging serious allegations regarding

the life and liberty of the alleged detainee and even factum of recording 164 Cr.PC statement finds particular mention in the Para No.6 of the memo of petition. The statement of alleged detainee by the Magistrate was sufficient to believe that she was not in confinement or she was ever abducted by anybody. The petitioner is unnecessarily dragging the responsible officers as well as family before this Court. Such an act on the part of the petitioner cannot be appreciated. This petition from face of it appears to be frivolous and if such litigations are given a license to prosecute an innocent souls, confidence of public in courts of law would shatter. It is high time to stop such frivolous litigations. Not only the family of Mst.Tasleem Bibi but the police officials from the sensitive area of Kashmore were made to sit before this Court without any reasonable cause. It has been pleaded by counsel for the petitioner that the petitioner is a poor and he is labourer. Thus, taking a lenient view, the cost of Rs.5000/- is imposed upon the petitioner to be paid to the mother of the detainee and Rs.5000/- to the SHO of P.S Kashmore, in case of failure to pay cost within 15 days, the CNIC of the petitioner shall be blocked. The petitioner is informed that if he resorts to file such frivolous litigations, the appropriate course of law would follow.

       Judge