ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-624 of 2011

DATE ORDER WITH SIGNATURE OF JUDGE

1. FOR ORDER ON OFFICE OBJECTION.

2. FOR KATCHA PESHI.

13-04-2011

Mr. Shoukat Ali Pathan, Advocate for the Petitioner along with Petitioner.

Mr. Muhammad Azeem Panhwar, State Counsel along with ASI Muhammad Zaman Abro, PS Market, Larkana City.

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Petitioner Mst. Samina seeks quashment of crime No.42/2011, U/Ss: 365-B, 496-A PPC of PS Market, Larkana City.

Petitioner states that she has not been abducted by anyone, on the contrary she by exercising her right of free will married Abdul Sattar s/o Muhammad Qassim Mugheri, which has annoyed her father who has lodged a false F.I.R. of her abduction against her husband and his relatives. She states that her age as 24 years.

In the facts and circumstances, Investigating Officer was directed to record the statement of petitioner who has recorded the statement and has placed the same on record, in which she has reiterated her statement given before this Court that she has not been abducted and has married Abdul Sattar and that the F.I.R. is false.

The Respondent No.4 Ali Gul, the complainant of crime No.42/2011 of PS Market, Larkana City was allowed a lengthy interview with the Petitioner despite the Petitioner maintains her statement.

The learned State Counsel as well as the Investigating Officer in view of the statement of the petitioner does not support the crime as according to learned State Counsel the star witness of the prosecution i.e. abductee has denied her abduction, therefore, the crime No.42/2011 of PS Market, Larkana City, would be an exercise in futility.

In the facts and circumstances, when the petitioner has denied her abduction, therefore, prosecution of the accused in crime No.42/2011 would be an exercise in futility and abuse of the process of this Court. Consequently, the proceedings emanating from crime No.42/2011, U/S: 365-B, 496-A PPC of PS Market, Larkana City are quashed.

JUDGE

A.C