| Citation(s) |
|---|
| 2016 SLG 2247 2016 SLD 2247 2016 YLR 975 |
Sindh High Court
Criminal Revision Application No. 8 of 2011, heard on 01-09-2015.
SHAHNAWAZ TARIQ, JUSTICE
Bakhshan Khan Mahar for Applicant. Abdul Rehman Kolachi APG for the State.
Criminal Revision Application No. 8 of 2011, heard on 01-09-2015.
SHAHNAWAZ TARIQ, JUSTICE
Bakhshan Khan Mahar for Applicant. Abdul Rehman Kolachi APG for the State.
MST. NAHEED--Applicant
VS
. AMEER BAKHSH AND 5 OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S.200---Dismissal of direct complaint---Allegation of complainant was that respondents took gold ornaments from her place of residence---Statement of witnesses of applicant were contradictory, one witness alleging the incident against police officials, and the other against the respondents---Police report revealed that both respondents had long ago left their houses and shifted to the other province---Averments of complaint and statements of both witnesses had material contradictions, which were fatal to allegations levelled by the complainant---Very purpose of holding preliminary inquiry was to thrash out the truth---Trial Court, after minutely considering the material evidence found that no prima facie case was made out---Trial Court's order did not suffer from any illegality or irregularity---Revision was dismissed accordingly. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:----------- Through the captioned Criminal Revision Application under sections 435/439, Cr.P.C, applicant Mst. Naheed has impugned order dated 29.12.2010, passed by the Court of learned III- Additional Sessions Judge, Khairpur, whereby direct complaint filed by her was dismissed. 2. The relevant facts spelt out of the instant revision application are that applicant filed direct complaint against respondents Nos.1 and 2, narrating that there is an old dispute of complainant with respondents over matrimonial affairs who served tea mixed with poisonous substance and committed theft from her house and she lodged FIR No.164 of 2010 at Police Station, Therhi, but subsequently the said FIR was disposed of under "C" class and such summary was approved by the Court of III- Judicial Magistrate, Khairpur. It is further averred that on 16.10.2010, at 1:00 a.m (night) applicant, her mother Mst. Bashiran Rajput, sister Aisha Rajput and brother Ramesh were sleeping in the house, when 10 police officials and 6 other persons with muffled faces entered into their house by scaling over the wall and abused her and robbed golden ornaments and cash of Rs.10,000/- from the box. Respondents Amir Bux and Imran armed with pistols over-powered and forced her for marriage,…
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