ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Misc. Appln. No.S- 745 of 2018

Date Oder with Signature of Hon’ble Judge

Priority case

1. For orders on office objection at flag ‘A’

2. For hearing of main case

29.04.2019

Applicant Mst. Fatima Shaikh present in person

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah; The applicant by way of instant Criminal Miscellaneous Application has impugned order dated 13.06.2018, whereby her application u/s 22-A and B Cr.P.C for issuance of direction against SHO Police Station Daharki to record her FIR has been dismissed by learned Additional Sessions Judge/Ex-Officio Justice of Peace, Ubauro.

2. It is stated by the applicant that she was fired at by her former husband Abdul Hameed with intention to commit her murder and he with help of others, he has abducted her kids and now is issuing threats of murder to her. By stating so, she sought for direction against SHO Police Station, Daharki to record her FIR.

3. I have considered the above arguments and perused the record.

4. Admittedly, the applicant and Abdul Hameed had remained in wedlock and as per applicant now they are separated. If it is so, then it signifies a dispute between them over matrimonial affairs. The firing is ineffective one. The dispute between the parties over kids could adequately be resolved by Guardian Court having jurisdiction. In these circumstances, learned Additional Sessions Judge/Ex-Officio Justice of Peace was right to refuse recording of FIR of the applicant by way of impugned order, which is not calling for any interference by this Court by way of instant Criminal Miscellaneous Application. It is dismissed accordingly.

Judge

ARBROHI