O R D E R S H E E T
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA
Const. Petition No.D- 2305 of 2010
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Date |
Order with signature of the Judge |
27.01.2011.
Mr. Ahsan Ahmed Quraishi, advocate for the petitioner alongwith petitioner.
Mr. Altaf Hussain Surahio, State counsel along with ASI/SIO Ghulam Sarwar Sarki of P.S Dil Murad.
Mst. Parveen has been produced from Darul Aman, Larkana
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Through this petition, the petitioner has sought quashment of F.I.R No.42/2010 registered at Police Station, Dil Murad district Jacobabad against the present petitioner and three co-accused persons nominated therein. It is stated in the petition that the petitioner has been falsely implicated in the instant F.I.R at the behest of private respondents whereas no such incident has taken place and further the alleged abductee Mst. Parveen daughter of Muhammad Sallah also willing to make a statement that she was never abducted.
Notices were issued to the respondents. Pursuant to which, I.O and the complainant appeared before this Court. The official respondents have filed comments wherein it has been stated that the challan has been submitted before the Civil Judge & Judicial Magistrate, Thul wherein present petitioner and the co-accused have been shown absconder and non bailable warrants have been issued.
On 26.01.2011 when the matter was taken up for hearing and the statement of Mst. Parveen was to be recorded in Court the complainant namely Akmal Khan s/o Muhammad Sallah and the I.O of the case pointed out that the lady present in the Court is fake lady and she is not abductee Mst.Parveen. When the lady was enquired about her identity she could not produce any documentary evidence to establish her identity. She further denied to have been issued CNIC. Under the circumstances, the lady present in the Court was directed to be sent to Darul Aman, Larkana to be produced in Court on the next date of hearing. The petitioner was directed to execute personal bond in the sum of Rs.100,000/- before the Additional Registrar of this Court and the matter was adjourned for today i.e. 27.1.2011. Today another lady has been produced by the complainant who claims to be Mst.Parveen and the abductee. The I.O. present in Court also recognize her as abductee in the instant F.I.R.
In view of the disputed identity of Mst. Parveen who, as per F.I.R was abducted by the accused persons, we are not inclined to examine disputed facts or to enter into such controversy, which can only be resolved through evidence to be recorded by the learned trial Court where the matter is pending adjudication as per the law.
Under the circumstances, we do not find any merit in the instant petition which is accordingly dismissed alongwith listed applications.
Mst. Parveen wife of Nisar Ahmed who was sent to Darul Aman, Larkana by the order of this Court, is set at liberty to go wherever she likes.
Judge
Judge