Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1420. In this matter between Const. P. 4247/2026 (D.B.) Sindh High Court, Karachi - Naeem Ahmed & Another (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 4247/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1420 PARTIES: Naeem Ahmed & Another (Petitioner) ORDER DATE: 06-JUL-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry A.F.R: Yes ------------------------------------------------------------ ORDER SHEET THE HIGH COURT OF SINDH KARACHI

C.P. No. D – 4247 of 2026 (Naeem Ahmed & another versus Province of Sindh & others)

DATE ORDER WITH SIGNATURE OF JUDGE(S)

Mr. Justice Adnan-ul-Karim Memon Mr. Justice Adnan Iqbal Chaudhry

Date of hearing and order: - 06.07.2026

Mr. Muneer Ahmed Gilal , Advocate for the Petitioners along with Petitioners, who are present in person. Syed Ali Ahmed Zaidi, Addl. A.G. Mr. Fahim Hussain Panhwar, D .P.G. along with SIP/IO, Ali Akbar, P.S. Jamshed Quarters, Karachi. ********** ORDER Adnan-ul-Karim Memon, J . Petitioners have filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: -

1. That this Court may graciously be pleased to quash the impugned FIR No.335/2026, under Section 365B PPC, Police Station Jamshed Quarters, District East, Karachi.

2. To restrain the respondent No. 5 not to take any action in respect of alleged FIR as the same has been lodged with malfide intentions and ulterior motives.

3. That to declare the alleged FIR No. 335/2026 is bogus, fabricated fake and as the same has been of lodged with connivance complainant and police.

4. To secure the ends of justice and direct the respondent No. 5 to not to take any legal action as per the FIR till the final disposal of the petition.

5. To direct the respondent No. 3 to appoint an honest 1.0 for the investigation and the report may be called by this Court.

6. To restrain the respondent No. 4 from illegally and unlawfully harassing, pressurizing blackmailing the petitioner.

2. Learned counsel for the Petitioners submits that Petitioner No.2, being sui juris, had of her own freewill contracted marriage with Petitio ner No.1 and is living with him with full consent, without any coercion. It is further submitted that Respondent No. 6, a relative of Petitioner No.2, is extending threats to the Petitioners, and a false FIR No. 335/2026 under Section 365 -B PPC has been registered at Police Station Jamshed Quarters, Karachi, necessitating protection of their life, liberty and property. He prays to allow the petition 3. The Investigating Officer present in Court has recorded the statement of Petitioner No.2 under Section 161 Cr.P.C., wherein she has categorically stated that she was not abducted and that she voluntarily contracted marriage with Petitioner No.1 of her own free will, denying the allegations levelled in the FIR as false and baseless. She prays for quashment of FIR.

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4. Learned AAG and learned DPG, present in Court, waive notice and submit that the official respondents are bound to protect the Petitioners in accordance with law. 5. The Petitioners, through their counsel, being satisfied with the said statement, seek disposal of the petition with appropriate protective directions. 6. In view of the categorical statement of Petitioner No.2, recorded under Section 161 Cr.P.C., wherein she has clearly denied any allegation of abduction and has affirmed that she voluntarily contracted marriage with Petitioner No.1 of her own freewill, the substratum of the allegatio ns forming the basis of FIR No.335/2026 under Secti on 365-B PPC appears to be substantially weakened, at least for the purpose of interim protective jurisdiction of this Court. However, such report be furnished to the learned Magistrate for such disposal of the case. 7. The learned AAG and learned DPG hav e fairly stated that the official respondents are under a legal obligation to ensure protection of the Petitioners in accordance with law, and no objection has been raised to the grant of protective directions. 8. Accordingly, while leaving the merits of t he FIR to be determined by the learned Magistrate in accordance with the statement of lady, it is directed that the official respondents shall ensure adequate protection of the life, liberty, honour and property of the Petitioners and shall not allow any u nlawful interference or harassment. 9. However, considering the apprehensions expressed by the Petitioners regarding threats being extended by Respondent No. 6, and in order to secure compliance with law and prevent any untoward incident, the Investigating Officer is directed to take appropriate preventive measures strictly in accordance with law, including, if warranted, obtaining a bond from the private respondent in the sum of Rs.500,000/ - to ensure maintenance of peace and good behaviour. The Investigating Officer is further directed to place the statement of Petitioner No.2 before the learned Magistrate concerned for appropriate orders for disposal of the case under ‘C’ class. 10. The petition alongwith listed applications is disposed of in the above terms. Office to communicate this order to Respondent No.2, for compliance.

JUDGE JUDGE

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