ORDER
SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P
No. D- 1001 of 2016
______________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1.
For katcha Peshi.
2.
For hearing of CMA 2696/2016
(copy
of order received)
01-06-2016.
Mr. Qurban Ali Shar Advocate along
with petitioner No.1 Mst. Haleema.
Mr. Syed Zaffar Ali
Shah Bukhari Advocate for
respondent No.5.
Mr. Liaquat Ali Shar Addl.A.G along with SIP Shoukatullah Abbassi S.H.O Police
Station Tamachani and ASI Mehboob
Ali Investigating Officer of P.S Tamachani.
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Pursuant to Court notice
Investigating officer of the case has shown appearance and submits that as per
preliminary investigation, it appears that the contents of F.I.R are false and frivolous ,
whereas petitioner Mst. Haleema
was earlier married with one Mazheruddin, was
divorced by him about four years back, whereafter she has contracted free will
marriage with petitioner No.2 Anwar Ali. He has also recorded statement of Mst. Haleema, who has
categorically denied the allegations as contained in F.I.R No.04/2016 registered
at Police Station Tamachani and submits that she was
earlier married with Mazheruddin with whom she had three
children, who are presently living with her father, whereas, she was divorced
by her previous husband about four years back, and has contracted second
marriage with petitioner No.2 Anwar Ali. It has been further stated that allegations
of theft and nikkah over nikkah
are totally false and frivolous. She has further stated that Muhammad Khan has
earlier abducted her and taken her to village Dreha,
when she somehow contacted with the
police and was produced before concerned Magistrate who has recorded her statement in this
regard.
Mr. Syed Zaffar Ali Shah has shown his appearance on behalf of
respondent No.5 and has opposed the allegations leveled by petitioners
, while S.H.O Police Station Tamachani has
filed statement which is taken on record.
Keeping in view
hereinabove facts and circumstances, we would direct Investigating officer of
the instant case to complete the investigation honestly in respect of F.I.R No.
4/2016 registered at Police Station Tamachani and to submits
report before the concerned Court in accordance with law and shall ensure that
no harassment shall be caused to the petitioners in respect of free will
marriage and protection may be provided to the petitioners in accordance with
law.
The petition stands
disposed of in above terms along with listed application.
J U D G E
JUDGE
`
Irfan/PA