IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc: App: No.S-658 of 2021

Applicant: Qurban Ali Siyal, through

Mr. Mujahid Hussain Phulpoto, Advocate

Date of hearing: 04.10.2021

Dated of order: 04.10.2021

O R D E R

Zulfiqar Ali Sangi, J: Through this Criminal Miscellaneous Application applicant has challenged order dated 31.08.2021, passed by the Civil Judge and Judicial Magistrate Kingri, wherein accepted the summary report filed by investigation officer for cancellation of case under “C” class in respect of FIR No. 62 of 2021 P.S Ahmedpur, Taluka Kingri for offence under sections 365-B, 452 and 34 PPC.

2. Learned counsel for applicant submitted that there was sufficient evidence for taking cognizance of an offence but learned Magistrate has not considered the same and agreed with the report filed by investigation officer which was based on malafides and prayed that this application may be entertained and impugned order may be set-aside.

3. Heard learned counsel for applicant and Perused the impugned order.

4. From perusal of the impugned order it reflects that the police has submitted a summary on the basis of an statement of abducted lady Mst. Rabia Khatoon recorded by the investigation officer at the time when she appeared before this court in CP No. D-1104 of 2021, wherein she stated that she had not been Kidnapped by any person. She also stated that she has voluntarily contracted marriage with Naseem with her own free-will and without any coercion or compulsion, she also produced free will affidavit and copy of Nikah Nama before the investigation officer who after going through the same and the the material collected during investigation found the case false and recommended it to be disposed of under “C” class.

5. I have carefully examined the impugned order dated 31-8-2021 which is well reasoned and was passed in accordance with law, all the relevant documents and the statements collected during investigation are discussed in the impugned order which required no interference of this court. Resultantly, this application is dismissed in limine.

J U D G E.