ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C. P. No.D-181  of  2008.

Date of hearing

 

ORDER WITH SIGNATURE OF HON’BLE JUDGE

23.4.2008.

1. For orders on office objection.

2. For orders on M. A. No. 361/2008.

3. For Katcha Peshi.

 

Mr. Nisar Ahmed G. Abro, advocate alongwith the petitioners.

 

Mr. Naimatullah Bhurgri, State Counsel.

 

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          Petitioners Mst. Shabbiran and Zahid Hussain are present alongwith their advocate.  They are related with each other.  They have performed Nikah on 14.12.2007.  The copy of Nikahnama is on record.  We have questioned petitioner Mst. Shabbiran at length.  She says that her age is twenty years and she is not educated.  Zahid Hussain is a shopkeeper and owns ‘Aata Chakki’. 

          We had issued notice to the respondents. Today, the learned State Counsel Mr. Naimatullah Burgri has filed statement on behalf of respondent No.2, S.H.O Allan Khan Abbasi of Police Station Thariri Mohabat.  It is mentioned in the statement that F.I.R No.26/2008 was lodged at Police Station Thariri Mohabat, on 3.2.2008, under Section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance, 1979, read with Sections 147, 148, 149, 427, 452, 440, P.P.C, on the orders of learned Additional Sessions Judge, Mehar, against petitioner Zahid Hussain and others.  The complainant in this F.I.R is father of Mst. Shabbiran, who is a ‘Hari’.  Contents of the F.I.R have been read over to us in Court.  The F.I.R has been lodged against petitioner Zahid Hussain and his three brothers. 

          We hereby order S.H.O concerned not to arrest any one in case F.I.R No.26/2008 of P.S Thariri Mohabat without prior permission of this Court.  He shall investigate the case independently and in case it is found false, then register the case under Section 182, P.P.C against the complainant.  In case he find any material against petitioner Zahid and his brothers, the same should be placed before this Court for perusal prior to submission of challan. 

          C. P. No.D-181/2008 is disposed of alongwith listed application.

 

                                                JUDGE

 

                                      JUDGE