ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-251 of 2013

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

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1)                 For orders on Misc. No.1716/2013 (urgent)

2)                 For orders on office objection No.1.

3)                 For orders on Misc. No.1021/2013 (Exemption)

4)                 For Katcha Peshi

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07.02.2013

          Mr. Shaukat Ali Phul, Advocate for Petitioner alongwith Petitioner Mst. Ghulam Shabbiran

          Mr. Ali Haider Saleem, A.P.G. along with ASI Sikandar Ali

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          Through instant petitioner the petitioner seeks following reliefs:

A.                To declare the above false and bogus FIR bearing No.181/2012 u/s 365-B/494/496-A/363/337-J/380 PPC (2) FIR No.309/2012 u/s 452/337-F(i)/337-A(i)/148/149/109/282 PPC and (3) FIR No.251/2012 u/s 395/506-2 PPC, P.S. Mirwah, as null and void and the same may quashed.

 

B.                The respondents No.1 may also be directed not to extend threats of killing and Karo Kari to the petitioner and the respondents Nos.2 and 3 may be directed to provide safety and security to the petitioner.

 

C.                Cost of proceedings may also be awarded.

 

D.               Any other relief or reliefs which this Honourable Court may deem fit and proper in 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.2. The statement of Mst. Ghulam Shabbiran has been recorded by the Investigating Officer of Crime No.181/2012 under section 365-B, 494, 363, 380 PPC of P.S. Mirwah in which she has stated that no one has kidnapped her, she left the house of her husband due to his cruel conduct.

 

          Learned advocate for the petitioner submits that since the star witness has not supported the case of prosecution and the proceedings would be the abuse of the process of law. Learned A.P.G. has no objection. In the circumstances, the proceedings arising out of Crime No.181/2012 under section 365-B, 494, 363, 380 PPC of P.S. Mirwah are hereby quashed.

 

          This petition in above terms stands disposed of.

 

                                                                                       JUDGE

                                                         

                                                                   JUDGE

 

  Gulsher/PA