ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
C.P No.D- 227
of 2022
Date of hearing |
Order
with signature of Judge |
Hearing of case.
1.
For orders
on office objection at Flag 'A'.
2.
For hearing
of CMA 1047/2022 (Ex)
3.
For hearing
of main case.
05.04.2022.
Mr. Imam BakhshMarri, Advocate along with petitioners.
Mr. ShahriyarImdadAwan Assistant Advocate General.
Syed Sardar Ali Shah Additional P.G.
-.-.-.-.-.-.-.-.-.-
ASI Sikandar Ali of Police Station Bhirya city is present
and recorded the statement of petitioner No.1 Mst. Ameena alleged abductee
wherein she has stated that she being sui-juris has contracted marriage with
petitioner No.2 with her own free will and consent. No one has abducted her nor
enticed her away, but her brother lodged FIR false against her husband and his
family members.
2. I.O ASI Sikandar Ali of Police Station
Bhirya city present and states that before this, the case was investigated and
report under section 173 Cr. P.C was submitted before the concerned Magistrate
and the case was disposed of under “B” false class. But the Magistrate was not
agreed and has taken the cognizance of offence.Learned counsel for the
petitioners present and submits that in consequence of the cognizance taken by
the Magistrate, the NBWs were issued against petitioner No.2 and his brother as
such petitioner No.2 is unable to attend the Court.
3. ASI Sikandar Ali of Police Bhirya present in Court is directed
to submit the further report before the concerned Magistrate in view of the
statement of the petitioner No.1/alleged abductee recorded by him today in the
Court. However, the NBWs issued by the trial Court against the petitioner No.2
and his brother are set aside for 20 days,enabling the petitioner No.2 and
others to approach the Trial Court for filing a pre-mature application under
section 265-K Cr.P.C or 249-A Cr.P.C for his/their acquittal. It is made clear
that if petitioner No.2 and the other accused person nominated in the FIR
failed to appear before the learned trial court within the stipulated time. The
order will seize to have been effected and NBWs already issued against the
accused persons shall be revived
4. In view of the above, this Const. The petitionis
disposed of, however, the police officials are directed to provide
protection to the petitioners and to act strictly in accordance with the law.
J
U D G E
J
U D G E
Irfan/PA