ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Constt:Petition.No.S-947 of 2018

Date                                       Order with signature of Judge

                                    For orders on maintainability of M.A.No.2006/2018

24.12.2018

                        Mr. Syed Tahir Abbas Shah, Advocate for applicant

Mr. Abid Hussain Qadri, State Counsel

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IRSHAD ALI SHAH, J.- The applicant by way of instant application under section 12 (2) CPC has sought for setting aside of order dated 17.12.2018, passed by this Court, which reads as under;

“The respondents No.1 and 2 have filed their statements, which are taken on record, copies whereof supplied to learned counsel for the petitioners. It is stated by learned State Counsel on behalf of official respondents that they have no intention to harass the petitioners without due course of law and protect them in accordance with law. Learned counsel for the petitioners being satisfied with the statements does not press the instant petition. It is disposed of accordingly”. 

                        The facts in brief necessary for disposal of the instant application are that the petitioners having married with each other filed a Constitutional Petition before this Court with the following prayer;

a) That, this Honourable Court may be pleased to direct respondents No.1 not to cause harassment to the petitioners and not to issue threats of dire consequences and of implicating both the petitioners and relatives of petitioner No.2 in series of false criminal cases at instance of respondents No.2 to 5 as both petitioners have contracted marriage with each other in accordance with law.

b)  To quash the FIR, if any registered against the petitioners and relatives of petitioner No.2.

c) To direct all the official respondents to provide protection to the lives of petitioners as their lives are in great danger at the hands of respondents No.5 and 6.

d) To award costs of this petition to the petitioners.

e) Any other relief available under the circumstances may also be granted to petitioners.

                        It is contended by learned counsel for the applicant that petitioner Mst.Saba Batool is legally wedded wife of the applicant, her marriage with petitioner Abdul Ghaffar, if any, is illegal and they in order to protect their illegal act have sought for protection from this Court by practicing fraud and forgery, as such according to him, the order passed by this Court is liable to be set aside.

                        Learned State Counsel has sought for dismissal of the instant application by contending that the order impugned is not affecting the right of the applicant.       

                        I have considered the above arguments and perused the record.

                        Admittedly, the Constitutional Petition filed by the petitioners was not pressed by their learned counsel and it was disposed of accordingly by way of impugned order, which could not be set aside, as the same has neither been passed on the merit of the very Constitutional Petition, nor it is affecting the right of the applicant, in any way, if he has got so.

                        The instant application being misconceived is dismissed accordingly.

                                                                                                                            JUDGE

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