ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt: Petition No.S-28/2023

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DATE               ORDER WITH SIGNATURE OF HON’BLE JUDGE_________

01. For orders on office objection “A”.

02.  For hearing of main case.

05-05-2025

                        Mr. Atta Hussain Chandio, advocate for the petitioner.

                        Mr. Abdul Waris Bhutto, Assistant Advocate General Sindh, along with PDSP Bashir Ahmed Abro and SHO/Inspector Imran Ahmed Bhatti of PS Waleed.

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                        Petitioner had lodged an F.I.R. bearing No.106/2022 regarding the abduction of his daughter Mst. Sonh against Abdullah, Sameena, Haseena and Zamir Ali all by caste Chandio. After investigation the matter was referred to the court for proceedings. During trial the petitioner did not support prosecution case which resulted into acquittal of the accused by the trial court through judgment dated 12.03.2024. The petitioner in the present petition has arrayed respondent No.6, 7, 8 & 9 as respondents and with particular allegation that his daughter is under illegal confinement of the said respondents. Since the petitioner has not supported his case before the trial court against the persons arrayed as respondent No.6 to 9 in the present petition and his insistence throughout the litigation remained that his daughter is under the custody of the said respondents. The conduct of the petitioner does not appear up to the mark, he had leveled specific allegations of abduction of his daughter against respondent No.6 to 9 and during trial he did not support such allegations but he intends to burden the police and court for the recovery of his daughter. Since the police had already performed its job by registering an F.I.R. and referring the accused for trial to the court of law, wherein the petitioner himself did not support the allegations. Such conduct on the part of petition prima facie establishes that either his daughter has not been abducted or missing and he is fully aware about whereabouts of his daughter. In such a situation the court cannot drag the police officials for long to appear before this court and file the reports. In view of above this petition is dismissed. Since learned counsel for the petition insists that baby Sonh is still untraceable, however the petitioner may initiate fresh proceedings if he comes to know about the whereabouts of his daughter. At the moment it appears that no case for issuance of rule Nisi is made out, therefore, this petition is dismissed.

                        JUDGE

Asghar/P.A