ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

 

C.P No.D- 335 of 2015

 

DATE             ORDER WITH SIGNATURE OF JUDGE

                                                                       

                                                           

07.04.2015.

Mr. Qazi Naveed Ahmed advocate for the petitioner who is also present.

Mr. Allah Bachayo Soomro, Additional A.G along with SIP Ghulam Abbas Sharr S.H.O P.S Khadhar Nawabshah.

Mr. Abdullah Soomro advocate for respondent No.6 who is also present.

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            SIP Ghulam Abbas Sharr S.H.O P.S Khadhar Nawabshah has submitted the report to show that the final charge sheet has already been submitted in the court of Judicial Magistrate. The learned Additional Advocate General Sindh argued that after submission of final charge sheet the proper remedy is to file application U/s 249-A Cr.P.C for the acquittal but the petitioner has approached directly to this Court for quashment.

            Respondent No.6 is ex-husband of the petitioner who has lodged FIR No. 258/2014 on the ground that the petitioner has contracted second marriage while she was under his nikah. The counsel for the petitioner submits that the respondent No.6 has orally divorced the petitioner in the year 2007 but he executed divorce deed in the year 2014 and thereafter the petitioner contracted marriage with one Yousif. Let the petitioner file proper application in the trial court where all the documents including the divorce deed can also be submitted thereafter the trial court may pass the order. If any such   application is moved the trial court shall decide the same within 20 days after hearing the petitioner’s counsel and respondent No.6. Petition is disposed of accordingly.

            The petitioner has also shown apprehension that the respondent No.6 is causing harassment to her. The respondent No.6 is also present in Court and he is restrained from causing any harassment to the petitioner and if any such act is committed the police officials are directed to provide protection to the petitioner and they will also ensure that no harassment shall be caused to her.

 

                                                                                      JUDGE            

                                                                        JUDGE

 

 

Ali Haider/P.A