ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No.D-184 of 2014.

DATE ORDER WITH SIGNATURE OF JUDGE

Present:-

Mr. Justice Nadeem Akhtar.

Mr. Justice Shahnawaz Tariq.

18.04.2014.

Mr. Karim Bux Rind Advocate along with petitioner No.2.

Mr. Allah Bachayo Soomro, Addl. A.G along with SIP Imdad Hussain Mallah, SHO P.S Kandiaro.

Petitioner No.2 Mst. Naghma present along with her father Ghayasuddin Shah.

Mr. Shamshad Ali Qureshi advocate for respondent No.3.

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SHAHNAWAZ TARIQ,J:- Through instant petition Abdul Hafeez Channar, the petitioner No.2 has sought following relief(s):-

(a) That the false FIR being Crime NO. 14/2014 for offence under Section 365(B), 452, PPC of P.S Kandiaro, District Naushahro Feroze against petitioner No.2 and his kith and kin and friends (2) Saleem Shah (3) Abdul Jabbar Channar (4) Qalander Bux Rajpar (5) Abdullah Rajpar be quashed and till then the respondents No.1 & 2 be directed not to take or initiate any proceedings in the above FIR against the petitioner No.2 and others.

(b) That the Hon’ble Court may be pleased to direct the respondent No.1 to refrain the respondent NO.2 from playing in the hands of respondent No.3 and parents of petitioner No.1 or taking any step against the petitioners.

2. Learned counsel for petitioners has contended that petitioner No.1, Mst. Nagma was married with petitioner No.2, Abdul Hafeez after swearing her free will affidavit and their nikah was performed on 18.01.2014, but the respondent No.3, Syed Sulleman Shah, cousin of the father of petitioner No.1 was annoyed upon said marriage, and he lodged false FIR No. 14/2014, under Section 365(B), 452, PPC against the petitioner No.2 and his friends. He further contended that the petitioner No.1 had accompanied the petitioner No.2 and they had sworn their affidavit before the Additional Registrar of this court on 31.1.2014, while filing instant petition. The petition was fixed be this Court on 4.2.2014, and when both petitioners was coming to attend this Court on 4.2.2014, on the way the respondent No.2 / SHO P.S Kandiaro at the instance of the respondent No.3, apprehended the petitioner No.1 and taken away forcibly with him as such the petitioner No.1 could not appear before this Court and such fact was brought in the knowledge of this Court, and the Court in order dated: 4.2.2014 has recorded said fact. The learned counsel has further contended that the petitioner No.1 has been detained against her wish and whim and now she is acting under pressure the respondent No. 3 as per his directions due to fear. Learned counsel further contended that as the petitioner No.1 and 2 had contracted their marriage with their own choice, therefore, FIR bearing No.14/2014 may be quashed being false.

3. Today, Mst. Nagma has been produced by the SHO P.S Kandiaro along with her father Ghayasuddin Shah, and she has stated that she was abducted by the petitioner No.2 and her signatures were obtained on gunpoint and she is residing with her father according to her own choice. She further stated that she had deposed same facts before the Principal Seat at Karachi.

4. The respondent No.2 / SHO P.S Kandiaro has produced photo copy of statement of Mst. Nagma recorded U/s 164 Cr.P.C by the Judicial Magistrate Kandiaro through learned AAG Sindh which is taken on record. SHO P.S. Kandiaro has submitted that challan in case has yet not been submitted before the concerned Court.

4. From perusal of the record it is reflected that instant petition was filed by the petitioner No. 2 and Mst Najma as petitioner No. 1 in office of this Court on 31.1.2014, and affidavit of Mst Najma was sworn by the Additional Registrar of this Court on same day, and petition was fixed before this court on 04.02.2014, but on said date only petitioner No.2 Abdul Hafeez appeared before this court while Mst. Nagma remained absent from this court, and it was inter alia contended by the counsel for the petitioner No.2 that while both the petitioners were coming to attend the proceedings, on the way Mst. Nagma was forcibly taken away by the respondent No.2 who in collusion with the respondent No.3. On 10.02.2014 this matter was again taken up by this Court and Mr. Shamshad Ali Qureshi advocate filed vakalatnama on behalf of respondent No.3 and learned A.A.G Sindh filed statement of Mst. Nagma recorded on 07.02.2014 in C.P No.S-102/2014 filed by Ghayasuddin, the father of Mst. Nagma before the Principal Seat of this Court at Karachi. After recording statement of Mst Najma on 07.02.2014 at the Principal seat, C.P No. S-102/2014 was disposed of and she was permitted to reside with her parents. The statement of Mst Najma is reproduced as under:-

“ While I was returning from my school, I was abducted by 4 to 5 persons, one of them was Saleem Shah and thereafter police came for my search, wherefrom I came out on my own and reached my house. I want to live with my parents.”

5. The above statement of Mst Nagma is crystal clear that she has not involved the petitioner No.2 Abdul Hafeez for her abduction on gun point and even she herself returned to her house at own accord which has also caused a serious dent to the prosecution story.

6. From bear reading of the contents of FIR, it is reflected that the alleged incident was not reported by Ghayasuddin, the father of Mst. Nagma, but FIR was lodged by the respondent No.3 who is cousin of Ghayasuddin, on 29.1.2014 at 1830 hours at P.S Kandiaro, while the alleged offence was occurred on 17.1.2014, at 02.00 p.m in bright day in the house of Ghayasuddin, which is situated in Shahbaz colony, Kandiaro City, but the complainant party neither resisted the culprits nor made hue and cry to attract the public, and even matter was not reported to police immediately after the alleged occurrence for recovery of the abductee, but allegedly the complainant party repeatedly approached co accused Saleem Shah for return of abductee which is also inspiring the confidence.

7. Mst Najma in her statement under section 164 Cr.P.C recorded on 17.2.2014 by the learned Magistrate Kandiaro, has repeated the incident as narrated in FIR which is absolutely contradictory to her statement recorded on 07.02.2014 at the Principal seat of this Court.

8. Considering the above scenario and peculiar circumstances, the Investigating Officer is directed to record the statements of Nikah Khawan, Witnesses and Vakil of marriage under section 161 Cr.P.C and then submit such report before the concerned Magistrate and the learned Magistrate will pass appropriate order after considering all the relevant facts strictly in accordance with law. The Investigating Officer shall not cause the arrest of the petitioner No. 2 Abdul Hafeez till final order is passed by the learned Magistrate upon the report submitted by him.

9. Consequently, for the above mentioned circumstances and findings, instant petition stands disposed of.

JUDGE