ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
Constitutional Petition No.D-2232 of 2012
--------------------------------------------------------------------------------------
Date Order with signature(s) of Judge(s)
---------------------------------------------------------------------------------------
1)
For hearing of Misc. No.1919/2013 (U/A)
2)
For katcha peshi.
-----------------------
07.02.2013
Mr.
Asadullah Lashari, Advocate
for petitioner alongwith petitioner Mst. Razia and Zaheer Ahmad.
Mr.
Ali Haider Saleem, A.P.G. alongwith A.S.I. Sikandar Ali of
P.S. Mirwah.
----------------------------------------------------
Through
instant petitioner the petitioner seeks following reliefs:
A.
Direct the respondent No.4 to cancel the
said false FIR No.152/2012 u/s 365-B PPC, P.S. Thari Mirwah, which is lodged by the respondent No.6 against the
husband of the petitioner and his brothers, and may kindly be declare its false
and fabricated.
B.
To restrain the respondents Nos.4 to 6 not
to harass, humiliate to the petitioner, her husband and his entire family
members and relatives.
C.
To direct the respondents Nos.2 and 3 for
protect the petitioner, her husband and his entire family members.
D.
Any other equitable relief which this Honourable Court deems fit and proper under the
circumstances of the case.
Notices
were issued to the respondents as well as Prosecutor General Sindh. Comments
have been filed by the respondent No.4. Learned advocate for the petitioner
while referring to the 164 Cr.PC statement of the
petitioner has pointed out that interim challan has been submitted against Zaheer Ahmed, husband of the petitioner and others and on
the basis of the statement of abductee the case has been recommended for
disposal in “C” Class. This factual position has not been disputed by the
learned APG. Petitioner Mst. Razia
says that she has not been abducted and false FIR has been lodged. Hence,
proceedings would be abuse of the process of law. Therefore, keeping in view
the statement of petitioner in which she has denied allegation of her abduction,
the proceedings arising out of Crime No.152/2012 under section 365-B PPC of
P.S. Thari Mirwah are
hereby quashed.
This
petition in above terms stands disposed.
JUDGE
JUDGE
Gulsher/PA