ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

C.P.No.D-  556  of 2011

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            For Katcha Peshi.

31.03.2011.

Mr. Ehsan Muhammad Arain, Advocate a/w Petitioner.

Mr. Allah Bachayo Soomro, Additional A.G a/w Salahuddin SIP/SHO P.S Shahdadpur.

Respondent No.3 present in person.

                        =

            On the last date of hearing, Respondent No.3 was directed to produce Mst. Sumera in this Court. Today Respondent No.3 alongwith Mst. Sumera is present in Court. The statement of alleged detenue has also been recorded separately in which she has categorically stated that she wants to go with her husband Muhammad Shahzad (Petitioner) with her own free will and consent. In the prayer clause, besides seeking direction regarding the production of Mst. Sumera, the Petitioner has also prayed that F.I.R. No.45 of 2010 registered at Police Station Shahdadpur U/s 365-B PPC may also be quashed. In the F.I.R., the present Petitioner has not been implicated but it has been lodged against the persons who are related to Mst. Sumera and since she has categorically stated in this Court that she was never abducted or kidnapped by any person, therefore, the SHO P.S Shahdadpur and I.O of Crime No.45 of 2010 P.S Shahdadpur both are directed to produce Mst. Sumera before the learned trial Court for recording her statement, thereafter, the fate of said F.I.R. will be decided by the trial Court in view of the statement of Mst. Sumera that she was never kidnapped by any one. Since in the statement recorded by this Court, Mst. Sumera daughter of Muhammad Sharif is willing to join her husband Muhammad Shahzad and the Respondent No.3 has also no objection if her daughter Mst. Sumera joins her husband Muhammad Shahzad.

            The learned Additional A.G has filed comments of Respondent No.2 alongwith copy of F.I.R. and statement of Mst. Sumera recorded by learned Sessions Judge, Shaheed Benazirabad and he argued that Mst. Sumera by her own free will recorded her statement and now she is resiling from her statement.

            It appears that no doubt the statement was recorded by learned Sessions Judge but now Mst. Sumera submits that this was recorded under coercion and influence and she herself admits that she was never kidnapped or abducted and she wants to join her husband without any duress. Keeping in view the above circumstances, the petition is disposed of in terms that Mst. Sumera may go with her husband and so far as quashment of F.I.R. No.45 of 2010 is concerned, the SHO and I.O P.S Shahdadpur will produce Mst. Sumera in Court for her statement accordingly.       

                                                                                                JUDGE

                                                JUDGE

Tufail