ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

 

Constt: Petition No.D-        3439  of 2015

 

 

DATE                                     ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

 

1-     For orders on CMA.No.9675/2015 (U/A)

2-     For orders on CMA.No.9676/2015 (Ex.A)

3-     For KatchaPeshi.

 

 

01st. October, 2015.

 

 

                        Mr. Muhammad Imran Shamsi, Advocate for petitioner.

 

 

 

                        Through instant petition, the petitioner has impugned order dated  08.9.2015 passed by learned Additional Sessions Judge-III/Ex-Officio Justice of Peace, Khairpur in Criminal Miscellaneous Application No. 2136 of 2015, whereby the application filed by petitioner U/s 22-A & 22-B, Cr.P.C for lodging of an  F.I.R against proposed accused persons has been dismissed.

 

                        Learned Counsel for petitioner submits that since a cognizable offence was made out, therefore, it was duty of the learned Ex-Officio Justice of Peace to direct the S.H.O to record statement of petitioner and lodge F.I.R against the proposed accused persons.

 

                        We have heard learned Counsel for petitioner and perused the impugned order passed by learned Additional Sessions Judge-III/Ex-Officio Justice of Peace, Khairpur Mir’s in the aforesaid case. From perusal of the contents of application U/s 22-A & 22-B, Cr.P.C and also the impugned order passed by learned Ex-Officio Justice of Peace in the instant case, it appears that daughter of petitioner namely Mst. Shabana contracted freewill marriage with one of the proposed accused namely Feroze S/o LalJunejo which fact has not been denied which antagonized the parents of Mst. Shabana, and consequently, the allegations of her abduction has been levelled against proposed accused persons. Nothing has been placed on record before this Court or before the learned Justice of Peace which may suggest that petitioner or alleged abductee approached the SHO for lodging of her F.I.R about the alleged abduction, whereas, the alleged abductee has not appeared before this Court to verify the above allegations.  Moreover, a report has also been submitted by the concerned S.H.O denying the allegations to be false and baseless. The petitioner could have availed the alternate remedy by filing direct complaint instead of insisting upon registration of an F.I.R regarding abduction of her daughter who appears to have contracted marriage out of her own freewill with one of the proposed accused namely Feroze S/o LalJunejo. We do not find any error in the impugned order, whereas, it appears that the discretion vested in learned Justice of Peace has been exercised reasonably, instead of issuing directions for registration of an F.I.R in a mechanical manner. Reliance in this regard can be made to the case of Rai Ashraf and others V/s Muhammad SaleemBhatti& others (P L D 2010 Supreme Court 691), and Imtiaz Ahmed Cheema V/s SHO P.S Daharki, Ghotki 2 others (2010 Y L R 189). Accordingly, instant petition is dismissed in limine along with listed applications. However, petitioner is at liberty to seek proper remedy in accordance with law, whereas, the alleged abductee can also file appropriate proceedings under Criminal or Civil Law against the proposed accused person(s).

 

 

JUDGE

JUDGE

 

A.R.BROHI