ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No.D-370 of 2013

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Date Order with signature(s) of Judge(s)

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1) For katcha peshi.

2) For hearing of Misc. No.1543/2013 (Stay)

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07.02.2013

Mr. Sikandar Ali Khaskheli, Advocate for petitioner alongwith petitioner Mst. Haleema.

Mr. Ali Haider Saleem, A.P.G. alongwith S.I. Javed Iqbal.

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Through instant petition the petitioner seeks following reliefs:-

A. This Hon. Court may be pleased to quash FIR/proceedings of Cr. No.21/2013 u/s 496, 34 PPC of Police Station Baghdadi Karachi, as the petitioner neither has been kidnapped nor enticed by anybody including the nominated accused persons, but she being teased with the behavior of her husband-respondent No4, left his house and has filed suit for dissolution of marriage in the competent Court of Law.

B. This Hon. Court may be pleased to suspend the operation of FIR/proceedings of Cr. No.21/2013 u/s 496, 34 PPC of Police Station Baghdadi, Karachi and meanwhile official respondent No.2 and 3, be directed to not arrest the nominated accused persons till disposal of this Const. Petition.

C. This Hon. Court may be pleased to direct the respondent No.4, to submit undertaking for not harassing and causing any harm to the life of petitioner in future.

D. This Hon. Court may be pleased to order for production of arrested accused Mohammad Khan s/o Mohammad Usman Khanghar on the date of katcha peshi/hearing and he may be released on his Personal Bond.

E. Any relief(s) may be granted in favour of petitioner, as this Hon. Court deems proper and fit.

Notices were issued to the respondents as well as Prosecutor General Sindh. Investigating Officer of Crime No.21/2013, who is respondent No.3, has effected appearance and has stated that he has prepared proceedings for disposal of the case in “Cancel Class”, such summary shall be submitted before the concerned Magistrate.

Mr. Falak Sher Khan, Advocate has effected appearance and files his power on behalf of respondent No.4, which is taken on record. It may be mentioned here that in the report submitted by the SHO of PS Baghdadi it is stated that accused Muhammad Khan has been found innocent during the investigation but he has been remanded to judicial custody, therefore, it is ordered that he shall be released forthwith on execution of P.R. Bond in the sum of Rs.25,000/-. After receipt of the summary, appropriate orders would be passed by the concerned Magistrate within 10 days and compliance report shall be submitted through MIT-II of this Court.

Instant petition stands accordingly disposed of.

JUDGE