ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S-145 of 2017

Date	Order with signature of Judge

1. For hearing of main case.

06.09.2021

Mr. Sundar Khan Chachar, Advocate for the Respondents

Syed Sardar Ali Shah, DPG alongwith SI Muhammad Ayub Dogar of P.S. Jewan Shah at Rounti

----------------

In compliance of order dated 28.05.2021, BWs issued by this Court are executed upon proposed accused No.2 & 3 by SHO P.S. Jewan Shah; besides furnish his explanation to the show cause notice, taken on record, is found satisfactory. In view of reply, show cause notice issued against SHO P.S. Jewan Shah, Raunti, is hereby vacated.

Mr. Muhammad Arif Malik, advocate, by filing vakalatnama on behalf of Applicant, submits that learned trial Court has passed the impugned order against the applicant as, at the first instance, application for registration of FIR was allowed and subsequently on an application for compliance of said order was dismissed, which is totally against the principal of natural justice.

On the other hand, learned Counsel representing the Respondents submits that complete enquiry was conducted in the matter and the parents of Mst. Husna were examined during inquiry, who have negated the allegation of her kidnapping.

Learned DPG submits that the parents, being natural guardians of the abductee, have not supported the version of applicant and if in case FIR is registered then harassment will be caused to them.

Heard learned Counsel for the parties and perused the order dated 05.04.2016. Relevant para of said order is reproduced as under:-

“Today such inquiry report has been submitted in which SHO has recorded the statements of father, mother of alleged abductee, and 8 other witnesses who all have stated that wife of the petitioner has not been abducted by anyone and she is residing in his house. In my view there cannot be any well wisher of the abductee more than her parents and they have denied that she has been abducted by anyone and that she is available in the house of accused. Today again they are present before Court and state that the daughter has not been kidnapped, there enmity between the proposed accused and the present petitioner is admitted in the petition itself and, as the proposed accused has lodged FIR against the petitioner and he wants to take revenge and retaliation wants to lodge false FIR against the proposed accused and misuse of Section 22-A & B Cr.P.C. The petition is dismissed”.

Learned Counsel for the Applicant has failed to point out any illegality or infirmity in the impugned order which, in my view, is well-reasoned and in accordance with law. Resultantly, this application is hereby dismissed.

Faisal Mumtaz/ PS JUDGE