STATEMENT OF MST. HINA, THE ALLEGED ABDUCTEE. EX.

I do hereby state on Oath as under:-

My name is:               Hina

Daughter of:               Hussain Ali.

Wife of:                     Waheed Qambrani.

By caste:                    Keerio.

Religion:                    Islam.

Occupation:               Household.

Aged about:                23 years.

Resident of:               Village Tando Hyder, Taluka & District Hyderabad.

EXAMINATION-IN-CHIEF

To Court,

                        Complainant Abdul Shakoor is my uncle. Abdul Waheed is my husband. On 20.3.2010 I contracted marriage with Abdul Waheed on my own accord and free will. Such marriage was solemnized at Tando Allahyar. Neither I have been abducted nor induced by any one. I had left my parents house on my own accord and contracted marriage with Abdul Waheed. My uncle Abdul Shakoor had registered a false case under Crime No.82/2010 in respect of my abduction against Abdul Waheed and others. The contents of aforesaid FIR are false and fabricated. I have not been produced before Magistrate for recording my 164 Cr.P.C statement. My husband Abdul Waheed and his brother Khuda Bux Qambrani are confined in special Prison Nara. I am residing at the house of my husband Abdul Waheed and today I have come from his house. I want to live with my husband Abdul Waheed. Since he is in jail therefore, I am residing at the house of my in laws.

No.Re.                                                                                    SRO    &     AC

Signature of Mst. Hina.                                                             JUDGE.

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Bail.Appl.No.S- 642  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            1. For orders on office objection.

            2. For hearing.

            3. For hearing of MA 3565/10.

21.10.2010

Mr. Ayatullah Khwaja, Advocate for applicant.

Syed Meeral Shah, D.P.G for the State.

Mst. Hina, the alleged abductee present in person.

                                    =

The statement of Mst. Hina, alleged abductee was recorded in which she has categorically stated that she is wedded wife of Abdul Waheed and on 20.3.2010 she has contracted marriage with Abdul Waheed on her own accord and free will. She further stated that neither she was abducted nor induced by any one. Her uncle Abdul Shakoor has registered a case under Crime No.82/2010 against her husband and others which is false and fabricated one. In her statement she further stated that she is residing at the house of her husband but her husband is confined in jail on the basis of above false case.

Learned counsel for the applicant contended that in view of statement of alleged abductee Mst. Hina, the continuation of proceedings before the trial Court would amount to abuse of process of law as there is no probability of conviction of accused in that case.

Learned D.P.G for the State very frankly conceded the above position and raised no objection if the proceedings of Crime No.82/2010 are quashed.

Heard learned counsel for the applicant as well as D.P.G for the State.

Upon perusal of statement of alleged abductee Mst. Hina, it appears that neither she was abducted nor induced by any one and a false case with regard to her abduction was registered against her husband and others.

In view of above, this Criminal Bail Application is converted into Criminal Miscellaneous Application U/s 561-A Cr.P.C. Office is directed to number it accordingly. Consequently, the proceedings culminating from Crime No.82/2010 of P.S Hustri are hereby quashed. The accused Khuda Bux Qambrani and Abdul Waheed Qambrani shall be released forthwith if not required in any other case. 

The Criminal Miscellaneous Application stands disposed of in the above terms alongwith listed application.

JUDGE

Tufail