| Citation(s) |
|---|
| 2016 SLG 3097 2016 SLD 3097 2016 MLD 792 |
Sindh High Court
C.P. No. S-3188 of 2014, decided on 16th February, 2015.
SHAHAB SARKI, JUSTICE
Achar Khan Gabole for Petitioner. Syed Jaffer Ali Shah for proposed accused. Shaharyar Awan Assistant A.G. for the State.
C.P. No. S-3188 of 2014, decided on 16th February, 2015.
SHAHAB SARKI, JUSTICE
Achar Khan Gabole for Petitioner. Syed Jaffer Ali Shah for proposed accused. Shaharyar Awan Assistant A.G. for the State.
Mst. SHAHZEEN - er
VS
STATION HOUSE OFFICER and another - --Respondent
Law:
Section:
Penal Code (XLV of 1860) --------- ----------S. 365-B --------- Criminal Procedure Code (V of 1898), S.22-A(6)(i) --------- Constitution of Pakistan, Art.199 --------- Constitutional petition --------- Kidnapping, abducting or inducing woman to compel for marriage --------- Dismissal of application by Justice of Peace filed for registration of criminal case --------- Petitioner alleged that she was kidnapped by accused persons, who forcibly obtained her signatures on the affidavit of free will and therafter performed Nikah with her and was divorced, the very next month of performing Nikah --------- Petitioner after about 9 months of the alleged incident, moved application before Justice of Peace for registration of case against accused, who allegedly again attempted to kidnap her, and was issuing threats of dire consequences, and causing her harassment --------- Application of the petitioner having been dismissed by Justice of Peace, the petitioner had filed constitutional petition --------- Validity --------- If the petitioner was aggrieved by the act of accused, she could have moved an application, when she was divorced and came back to her father's home --------- Petitioner remained quiet about the alleged incident of kidnapping and forced marriage for about one year and thereafter she filed application before Justice of Peace --------- Justice of Peace was not supposed to act in a mechanical manner and order registration of FIR in every single case --------- Even otherwise, the petitioner had an alternate remedy to file a direct complaint under S.200, Cr.P.C. --------- Constitutional petition was dismissed, in circumstances. Muhammad Bashir v. Station House Officer, Okara Cantt, and others PLD 2007 SC 539 and Muhammad Arif v. The State 2004 PCr.LJ 1347 ref. THIS ORDER PASSED BY: SHAHAB SARKI, JUSTICE:---------- The instant petition has been filed against the order dated 14.10.2014 passed by the IInd Additional Sessions Judge/Justice of Peace, Sukkur upon a Cr. Misc. Application No. 1384 of 2014 filed by the present petitioner whereby her Application under Section 22-A(6)(i), Cr.P.C. was dismissed. 2. The case of the petitioner is that in the month of July,…
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