C.P.No.S-956 of 2015

For Katcha Peshi

21.08.2015

Mr. Ghulamullah Memon for petitioner.

Mr. Achar Khan Gabol for respondent No.4.

Mr. Noor Hassan Malik, Assistant Advocate General.

Mr. Zulfiqar Ali Jatoi, Deputy Prosecutor General.

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Through instant petition, petitioner has impugned order dated 19.03.2015 passed by Sessions Judge/Justice of Peace, Naushahro Feroze, in Cr.Misc.A. No.364/2015 whereby, an application filed under Section 22-A, Cr.P.C, for registration of a criminal case regarding abduction of Mst. Ghanwa, has been dismissed. Learned counsel for the petitioner submits that since a cognizable offence was reported, therefore, learned Justice of Peace was under legal obligation to direct the concerned SHO to lodge an FIR against the accused persons nominated therein by the complainant.

Notices were issued pursuant to which Mr. Achar Khan Gabol has shown appearance and submits that the petition is misconceived and not maintainable for the reason that the allegations contained in the complaint are patently false and frivolous whereas, Mst. Ghanwa is daughter of petitioner, being sui juris has contracted marriage with one Yaseen son of Anwar Mallah out of her own freewill without any pressure or coercion and also filed a petition being C.P.No.S-442/2015 before Principal Seat of this Court where, Mst. Ghanwa appeared and in view of statement of concerned SHO, such petition was disposed of. Copy of order passed in C.P. No.S-442/2015 dated 08.04.2015 has been placed on record in support of his contention. Learned counsel has placed on record copy of CNIC of Mst. Ghanwa wherein, her date of birth is 23.01.1997, which reflects that Mst. Ghanwa is adult.

In view of facts and circumstances of the case, I am of the view that the order passed by the Sessions Judge/Justice of Peace, Naushahro Feroze, does not require any interference by this Court. Instant petition being misconceived in facts and law is dismissed. Concerned police is directed to provide legal protection to Mst. Ghanwa in respect of marriage contracted by her.

JUDGE

N.M.