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Criminal Miscellaneous Application No. 141 of 1976, decided on 18th December, 1977.

-- S. 561-A read with Penal Code (XLV of 1860), S. 342/506 Quasbment of proceedings-Complaint as well as statement of complainant/respondent at preliminary inquiry disclosing res pondent merely suspecting his sister as being wrongfully detained and to be killed if not released and applicant refusing to send her to visit her mother and further having heard of her sister being beaten--No offence under S. 342/506, P. P. C., held, made out, in circum stances-Proceedings quashed.

Muhammad Suleman for Appellants.

Usman Ghani Rashid, Asstt. A.-G. for the State.

Date of hearing: 8th December, 1977.

The application have approached this Court for quashment of proceedings in the case under section 342/506, P. P. C. pending in the Court of the learned S. D. M. Kotri on the ground that no offence prima facie was indicated against them. Secondly, that the learned Magistrate at Kotri, had no jurisdiction to entertain the complaint and take the cognizance of the offence, when the applicants were residing at Hyderabad.

2. Brief facts of the case, are that respondent No. 2 Ali Nawaz, had filed the direct complaint in the Court of the learned S. D. M. Kotri. He is the brother of Mst. Sharifan, who was married to the applicant Abdul Razzak alias Vikio. They were residing near Radio Pakistan Station Hyderabad. The marriage was solemnized with the consent of the applicant and the parties concerned. The rukhsati' took place on 25^thSeptember, 1975 on condition that the applicant Abdul Razzak would pay Rs. 3,000 towards the marriage expenses and would stay with the mother of the respondent Ali Nawaz. Such a document was also executed between the parties. In terms of the agreement, the applicant stayed with his wife in the house of his mother-in-law for about 15/20 days, whereafter applicant Abdul Razzak took his wife Mst. Sharifan to his village in Taluka Khipro, District Sanghar, on the pretext that his mother was sick. He was permitted to take Mst. Sharifan. When applicant Abdul Razzak did not bring back Mst. Sharifan on the appointed time to her mother, Ali Nawaz respondent, took his mother and younger sister and went to Khipro to bring back his sister Mst. Sharifan; but site was not given to them. Efforts were again made by the respondent Ali Nawaz to bring back his sister Mst. Sharifan, but they did not succeed. Finally a complaint was filed in the Court of the learned S. D. M. Kotri. alleging that Mst. Sharifan was wrongfully, detained by the applicants and it was suspected that she would be killer, if she was not released from their custody. By the order dated 2nd December, 1975, the learned Magistrate ordered holding of preliminary Enquiry in the matter. Statements of respondent Ali Nawaz/complainant, and his mother Mst. Karima were recorded. Thereafter the learned Magistrate was pleased to order on 12th December, 1975 that from the complaint and the statement of Ali Nawaz and Mst. Karima, offences under section 506/342, P. P. C. were indicated and bailable warrants in the sum of Rs. 2,000 were issued against the appli cants, who have assailed the order, taking of the cognizance, as being one, which tantamount; to be an abuse of the process of the Court.

3. I have heard Mr. Mohammad Suleman Memon for the applicants and Mr. Usman Ghani Rashid, Assistant Advocate-General for the State. I have also gone through the complaint, as well as, statement of the two witnesses, aforementioned, recorded during preliminary enquiry.

Since, with the main application, an affidavit sworn by Mst. Sharifan was attached, bearing her photograph affixed thereon, it was pointed out by the learned Assistant Advocate-General that for the purpose of identification and truthfulness and correctness of the contents of the affidavit, presence of Mst. Sharifan would be necessary. Under the circumstances applicant Abdul Razzak was directed to produce Mst. Sharifan.

4. Today, the applicant Abdul Razzak has produced Mst. Sharifan in Court, who has been identified by respondent Ali Nawaz/complainant. Mst. Sharifan has admitted the contents of the affidavit sworn by her to be true and correct, wherein she had stated that she was living happily with her husband, applicant Abdul Razzak and was not wrongfully confined and she did not wish to go to her mother. The respondent Ali Nawaz asked for some time to speak with his sister Mst. Sharifan, for about half an hour, which was allowed in presence of the parties and they were together outside the Court for the required time. After that, the respon dent Ali Nawaz/complainant came to the Court and expressed complete satisfaction that he had no grievance of any kind against the applicants.

5. As regards the merits, on perusal of the complaint, I find that the only allegation was that the respondent No. 2 merely suspected that his sister Mst. Sharifan was wrongfully detained and would be killed, if not released. Same was his statement at the preliminary enquiry. It was further alleged that the applicant Abdul Razzak had refused to send Mst. Sharifan to visit her mother and that they had heard that Mst. Sharifan was being beaten. The statement of Mst. Karima at the preliminary enquiry was almost in the same words.

6. After hearing the parties, I am satisfied that from the facts narrated in the complaint and deposed during Preliminary Enquiry, no offence under section 342/506, P. P. C. is made out, and the proceedings against them amount to a clear abuse of the process of the Court. Under the circumstances it is not necessary to deal with the matter of jurisdiction. Proceedings under section 342/506, P.P.C. instituted on the direct complaint filed by Ali Nawaz pending in the Court of the learned S. D. M. Kotri against (1) the applicant Abdul Razzak alias Vikio son of Makan, (2) Makan son of Rabdino and (3) Mst. Salimat are hereby quashed.

Proceedings quashed,

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