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2011 MLD 856

ATTA MUHAMMAD and another vs DISTRICT POLICE OFFICER, SANGHAR and 4

Petitioner: ATTA MUHAMMAD and another VS Respondent: DISTRICT POLICE OFFICER, SANGHAR and 4 others

Court: Sindh High Court Decision Date: 2010-12-30

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Sajjad Ali Shah, Muhammad Tasnim Title:ATTA MUHAMMAD and another vs DISTRICT POLICE OFFICER, SANGHAR and 4

others Case No.: Criminal Miscellaneous C.P. No,D-1793 and No, D-646 of 2010 Date of Judgment:2010-12-30 Reported As: 2011 MLD 856 Result: Proceedings quashed Judgment ORDER ' Petitioners along with their counsel present. ' Since the petitioner No,2 has stated before us that she has not been abducted by any one and on the contrary she has married petitioner No,1 viz. Atta Muhammad and the Crime No, 74 of 2010 under section 365-B-34, P.P.C. Of Police Station Sarhari of her abduction is totally false. We consequently felt it more appropriate to ask the Investigating Officer to record her statement in order to ensure that the statement is voluntary. The statement has been recorded and placed on record in which the petitioner No,2 has reiterated her earlier stands. In the circumstances, learned Assistant Advocate-General as well as the I/O states that in view of the statement of the petitioner No,2 that she has not been abducted, the Crime No,74 of 2010 of Police Station Sarhari cannot A successfully be prosecuted and the prosecution of the nominated accused in the said crime would be an exercise in futility. In the fact and circumstances we while converting this petition into Criminal Miscellaneous Application under. Section 561-A Cr.P.C. Quash the proceedings emanating from Crime No,74 of 2010 of Police Station Sarhari. Office is directed to number the petition accordingly.

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