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