ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. S-724 of 2016

Cr. Misc. Application No.D-73 of 2016

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For katcha Peshi.

29-02-2016.

Mr. Abdullah Khan Brohi, advocate for petitioner

along with Ghulam Shabbir applicant in Cr.Misc. Application No.D-73 of 2016

SIP Saeed Ahmed Mirani along with petitioner No.2 Abdul Kareem Chachar

Petitioner No.2 Mst. Mir Khatoon along with her father Muhammad Khan

and mother Mst. Nazeeran.

M/s Zulifqar Ali Jatoi D.P.G and Shafique Ahmed Leghari State counsel.

Pursuant to Court notice SIP Saeed Ahmed Mirani, S.H.O P.S Andal Sundrani district Ghotki has shown appearance and produced petitioner No.1 Mst. Meer Khatoon and petitioner No.2 Abdul Kareem alias Abdul Raheem Chachar, and also filed statement along with annexures, wherein it has been stated that pursuant to registration of F.I.R No. 05/2016 regarding abduction of Mst. Meer Khatoon, petitioner No.2 Abdul Kareem alias Abdul Raheem was arrested, whereas, Mst. Meer Khatoon was also recovered and both the petitioners produced before learned Judicial Magistrate-I Ghotki, and obtained remand of accused Abdul Kareem, whereas, Mst. Meer Khatoon, who was also produced before the Magistrate, has stated before the Magistrate that she was abducted by petitioner No.2 and other accused persons named in the F.I.R and she has not contracted free will marriage with petitioner No.2. She has further stated that she wants to go along with her parents, who are also present in Court.

Learned D.P.G submits that as per IO of the case, statement on oath of petitioner No.1 Mst. Meer Khatoon will also be recorded tomorrow i.e 01.03.2016 before the learned Magistrate. Mst. Meer Khatoon present in Court, has categorically stated that she has not contracted freewill marriage with petitioner No.2, on the contrary she was abducted by the petitioner No.2 along with other accused persons from her parent’s house. She has further stated that she wants to go along with the her parents.

Mr. Shabbir Ali Bozdar, advocate files vakalatnama on behalf of respondent No.5 and submits that petitioner No.2, his father and brothers have criminal history, whereas several F.I.Rs have been registered against them including F.I.R of abduction and murder.

Learned counsel for petitioner No.2 denies such allegation and submit that petitioner No.2 will seek appropriate remedy in respect of aforesaid F.I.Rs before the proper Court of jurisdiction as he has been falsely implicated, and Mst. Meer Khatoon has given such statement under threat and coercion by her parents.

The applicant Ghulam Shabbir Chachar in Cr.Misc. Application No.D-73 of 2016 while confronted with such position, submits that he is working in Saudi Arabia and was asked by some family friend to file application under section 491 Cr.P.C., whereas, he is not fully aware about the registration of cases against petitioner No.2 Abdul Kareem alias Abdul Raheem Chachar and his family members.

In view of hereinabove facts and circumstances of this case and the statement of petitioner No.1 Mst. Meer Khatoon, above matters are disposed of, with directions to the concerned police to act strictly in accordance with law and after proper investigation of the case, submit report/challan as the case may be, before proper Court of jurisdiction, whereas, petitioner No.2 Abdul Kareem alias Abdul Raheem Chachar is at liberty to seek remedy in accordance with law. Mst. Meer Khatoon petitioner No.l is allowed to go along with her parents.

The instant petition No.S-724 of 2016 and Cr.Misc. Application No. D-73 of 2016 stand disposed of in the above terms.

J U D G E

JUDGE

Irfan/PA