Law: Criminal Procedure Code (V of 1898)

Section: 22A(6)(i),154,491

Law: Anti Terrorism Act, 1997

Section: 7

Law: Pakistan Penal Code, 1860

Section: 147,148,149,324,354

Criminal Procedure Code 1898 (V of 1898)-- ----Ss. 491 & 22-A(6)(i)--Abduction--Application of--Ex-officio Justice of peace--Jurisdiction--It is case wherein one female and her father are alleged to have been abducted by applicants--Abductee according to counsel for private respondent has not yet been recovered despite filing of an application u/S. 491 Cr.PC before Court having jurisdiction--Her abduction could hardly be linked with police encounter case--It obviously constitutes a cognizable offence--impugned order in said circumstances could not be set aside only for reason that report of police was not considered by 2nd Additional Sessions Judge/Ex-officio Justice of Peace before passing of same--If applicants are having a feeling that they are being involved in false case by private respondent then they could prove their innocence before police by joining investigation--Application was dismissed. THIS ORDER PASSED BY: IRSHAD ALI SHAH, JUSTICE---.--- The applicant by way of instant Cr. Misc. Application has impugned an order dated 28.3.2018 of learned 2nd Additional Sessions Judge/Ex-officio Justice of Peace Ghotki whereby he on Application 22-A(6)(i) Cr.PC has issued direction against the police for recording statement of the private respondent to be incorporated into u/S. 154 Cr.PC book, if it discloses commission of cognizable offence. The facts in brief for disposal of instant application are that the applicant in order to satisfy their matrimonial dispute being armed with deadly weapons by committing trespass in the house of private respondent, abducted her husband Raheem and her daughter Mst. Haseena by resorting to violence, she reported the incident to police but her FIR was not recorded, she then by way of an application u/S. 22-A(6)(i) Cr.PC sought for direction against the police to record her FIR, which was issued by learned 2nd Additional Sessions Judge/Ex-officio Justice of Peace Ghotki, by way of the impugned order. It is contended by learned counsel for the applicants that the applicants are being involved by the private respondent in false case only to settle her dispute with them on account of lodging of FIR Crime No. 4/2018 u/Ss. 324,…

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