Law: Criminal Procedure Code (V of 1898)

Section: 173,561-A,164

Law: Pakistan Penal Code, 1860

Section: 365B

Criminal Procedure Code (V of 1898)--- ----Ss.173 & 561-A---Penal Code (XLV of 1860), S. 365-B---Abducting woman for compelling her to marry against her will or to force or seduce her to illicit intercourse---Cancellation of case---Grievance of complainant/applicant was that police submitted investigation report wherein case was recommended for closure and Magistrate while concurring with the report of police ordered the said closure---Validity---Alleged abductee was shown in F.I.R. to have taken away jewelry and other articles---During investigation abductee, with her free will, got recorded her statement under S. 164, Cr.P.C. as sui juris which statement was contrary to version of F.I.R. and had shaken credibility of F.I.R.---Magistrate was empowered to pass order under S. 173, Cr.P.C. in such spectrum as alleged abductee contracted marriage without compulsion or any inducement and her statement to such effect under S. 164, Cr.P.C. supported case of accused persons---Aggrieved party was free to institute complaint on the same subject and same Magistrate had not, even after passing of such order, rendered himself functus officio---High Court declined to interfere in order passed by Magistrate---Application was dismissed in circumstances. 2010 PCr.LJ 961; PLD 1985 SC 62; PLD 1994 SC 281; 2010 PCr.LJ 182 and 2005 YLR 1939 ref. PLD 1985 SC 62 rel. ORDER HASAN FEROZ, J.---By this order I intend to dispose of Criminal Misc. Application moved under section 561-A, Cr.P.C. in F.I.R. No.114/2013 (The State v. Vikram), under section 365-B, P.P.C. lodged at Ibrahim Haideri Police Station, Karachi, against orders dated 21-5-2013 and 30-5-2013 passed by Vth Judicial Magistrate Malir at Karachi. The applicant on being aggrieved, by the above orders moved the present application seeking set aside the impugned orders and for issuance of direction for reinvestigation of the F.I.R. No.114/2013. 2. The brief facts of the case are that complainant Arif Masih lodged F.I.R. No.114/2013 under section 365-B P.P.C. at Ibrahim Haideri Police Station Karachi stating therein that he is teacher at Saint Patrick's School on 18-5-2013 when he was on duty at about 2-00 p.m. his wife…

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