ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Crl.M.A.No.190 of 2014

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Order with signature of Judge

 

            For Katcha Peshi

 

17.10.2014

 

Applicant is present alongwith his counsel Mr.Rehmat Karim Hanzai, advocate

Mr.Abrar Ali Khichi, APG

Mr.Iqtedar Hussain advocate has filed vakalatnama for respondent No.6 who is also present in court

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            Learned counsel for petitioner argued that petitioner is engaged in the transport business. Respondent No.6 was wife of petitioner’s brother and after his death, petitioner in order to support the family, contracted marriage with respondent No.6 but due to some matrimonial dispute, respondent No.6 filed suit for dissolution of marriage before VIII-Family Court Karachi East which is pending and due to same family dispute, respondent No.6 has also lodged false FIR No.50/14 under section 365-A/506, 420, 34 PPC read with section 7 of Anti Terrorism Act, 1997 for the quashment of which, this petition has been filed. To a question raised by this court, as to whether any application under section 265-K Cr.P.C., was moved before trial court, learned counsel for petitioner very candidly conceded that no such application was filed but he has directly invoked jurisdiction of this court. Normally quashment petition is not entertained unless proper application is moved in trial court for acquittal. Learned counsel for petitioner submits that he will be satisfied if this petition is disposed of with some directions to trial court that if any such application is moved by petitioner under section 265-K Cr.P.C., the same shall be disposed of expeditiously within a period of two months, for which learned APG has no objection.

            In view of above, this petition is disposed of with the directions to the learned trial court that if any such application is filed, the same shall be decided within two months.

                                                                                      J U D G E

J U D G E