Mst. Razia (Petitioner) VS Govt of Sindh & Ors (Respondent)

ORDER SHEET

IN

THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No.D-2232 of 2012

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

For hearing of Misc. No.1919/2013 (U/A)

For katcha peshi.

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