IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Misc.
Application No.242 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of main case
For
hearing of M.A. No.3548/2025
---------------------------------------------
08.05.2025
Mr. Ali Akbar Abro, advocate for
applicant
Mr. Qamaruddin Nohri, D.P.G.
Mr. Shafqat Gul Malik, advocate for
respondents
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Applicants
Muhammad Shahzad, Mst. Laila Zehra and Talha Moin have impugned order dated
03.03.2025 passed by Ex-Officio Justice of Peace/VI Additional Sessions Judge
Karachi Central in Criminal Miscellaneous Application No.492/2025 whereby
learned Ex-Officio Justice of Peace issued directions to SHO P.S. Samanabad to
record statement of respondent No.2 Karim Bux and if cognizable offence is made
out then the same may be incorporated in the Book under Section 154, Cr.PC.
Learned
counsel for applicants submits that a false story has been managed by father of
Mst. Abeera, otherwise she has filed Family Suit No.599/2025 against her
husband Shahzaib Hafeez for dissolution of marriage by way of Khulla, which has
been admitted by learned Family Judge and issued notice to the respondents. No
case for abduction has been made out. Mst. Abeera also appeared before learned
Ex-Officio Justice of Peace concerned at the time of hearing of criminal
miscellaneous application but her attendance was not marked by learned
Ex-Officio Justice of Peace.
On the
other hand, learned D.P.G., assisted by counsel for respondent No.2 submits
that cognizable offence has been made out to record statement of respondent
No.2 Karim Bux under sectioni 154, Cr.PC and learned Ex-Officio Justice of
Peace has rightly passed impugned order dated 03.03.2025. He supports the
impugned order.
Heard
learned counsel for applicant, learned D.P.G. as well as counsel for respondent
No.2 and perused the material available on record.
It is
the case of respondent No.2 that applicants/proposed accused have abducted his
daughter Mst. Abeera but record reflects that she filed Family Suit No.599/2025
against her husband Shahzaib Hafeez for dissolution of marriage by way of
Khulla, which is pending adjudication before learned Family Judge/Judicial
Magistrate, Karachi East. In view of such circumstances, no case for abduction
of Mst. Abeera daughter of respondent
No.2 has been made out. It appears that a false story has been managed by
respondent No.2 in order to falsely rope the applicants in a false criminal
case. Therefore, instant criminal miscellaneous application is allowed and the
impugned order dated 03.03.2025 passed by Ex-Officio Justice of Peace/VI
Additional Sessions Judge Karachi Central in Criminal Miscellaneous Application
No.492/2025 is set aside.
Instant criminal miscellaneous
application is disposed of in the above terms.
J
U D G E
Gulsher/PS