| Citation(s) |
|---|
| 1976 SLG 1038 1976 SLD 1038 1976 PCRLJ 396 |
Sindh High Court
Criminal Miscellaneous Application No. 338 of 1974, 22nd November, 1974
KHUDA BAKHSH MARRI, J
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Criminal Miscellaneous Application No. 338 of 1974, 22nd November, 1974
KHUDA BAKHSH MARRI, J
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Naeem Sabir Mughal And 5 Others
VS
The State
Law:
Section:
Keywords: Evidence, Land, High Court, Nikahnama, Recording, Manager, Copy, Pending Proceedings, Procedure, Prosecution, Government, Dower, Theft, Notice, Apprehension, Habeas Corpus, Place, Petition, Undue Influence, Delay, Registered, Parties, Offences, Proceedings, Register, Commission, Production, Customs, Habeas Corpus Petition, Termination Of Service, Protection, Magistrate, Possession, Certificate Result: Petition accepted JUDGMENT This is an application under section 561-A, Cr. P. C. For quashing pending proceedings under sections 363, 380, P. P. C. In the Court of Sub -Divisional Magistrate, Shikarpur, District Sukkur. 2. A somewhat detailed facts become necessary due to some unfortu nate incident between the parties later on which are as under:- That the applicants are brothers and sisters while applicant No. 6 is their father Applicants Nos. 1 and 2 are employed as Prentive Officer and Appraising Officer respectively in Customs House Karachi, while applicant No. 3 is employed as Inspector, Central Excise and Land Customs, Jacobabad. Applicants Nos.4 and 5 are school going girls, while applicant No. 6 is Manager, Shikarpur Zamindari Co-op. Bank Ltd. Shikarpur, District Sukkur. 3. On 23-9-1972 at Shikarpur a marriage took place between Naim Sabir Mughal applicant No. 1 and Mst. Dilshad stated to be aged 24 years a daughter of Agha Ghulam Nabi Pathan at which a dower amount of Rs. 50,000 was fixed. The marriage ceremony was attended by Mr. Aftab Ahmed Pathan the complainant parents of the girl and other citizens. Nikah was duly performed, a photostat copy of Nikahnama with English translation are Exhs. A and A-1, which is supported by affidavits of the witnesses of the Nikah ceremony whose affidavits are Annexures `B & C'. 4. It is alleged that some of the relations of the girl were not happy with the marriage and prevailed upon father and brother of Mst. Dilshad to take back the lady and got her divorced to be married later on in their own Pathan family. On false pretext Mst. Dilshad was taken away from Karachi where she had been living with her husband for some time to Shikarpur. But as soon as Mst. Dilshad came to know about the designs of her…
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