2010 PLP 859 (YLR)

SARMAD JALAL OSMANY, J.

Vide this application it has been prayed that the proceedings pending with the learned 2nd Additional Sessions Judge, Khairpur, under F.I.R. No.97/2007 of Police Station Pir Jo Goth, be transferred to Karachi since the petitioner is under grave threat in her native village if she goes to appear before the learned Trial Court located in Khairpur. Learned counsel for applicant further says that she was previously married to one Zahid Hussain and was living with his family at Pir Jo Goth in District Khairpur, however, due to maltreatment of her husband she came to Karachi and obtained Khula from him by filing Suit No.396/2007 titled Mst. Abida Khatoon v. Zahid Hussain, which was granted on 31-5-2008 by the learned VIIth Family Judge, Malir, Karachi. Thereafter, she contracted a marriage with her present husband Saleem Ahmed Shaikh on 3-9-2008. However, earlier on 27-11-2008 the F.I.R. in question was lodged by her father-in-law alleging that she had been kidnapped by her present husband at Pir Jo Goth. According to learned counsel, it is a totally motivated and malicious F.I.R. and has only been lodged in order to harass and rope in the applicant's husband for an act, which he never did. Learned counsel further says that the F.I.R. has been totally belied by the applicant herself as per para. 1 of this application, which is on oath. He, there-fore, prays that the case be transferred from Khairpur to Karachi because the applicant is now living here with her husband. Learned Additional Prosecutor General has opposed this Criminal Transfer Application on the ground that the Prosecution Witnesses are available in Khairpur and hence it would be very difficult for them to travel to Karachi. To my further query as to whether the applicant could ever be convicted under the F.I.R. in question since she has totally denied the incident of her kidnapping at the hands of her present husband, learned Additional Prosecutor General replied that this is for the Trial Court to decide and nothing can be forecast at this stage. I have heard both the learned counsel for the applicant as well as learned Additional Prosecutor General. In my opinion once the victim of the incident viz. the applicant herself has stated on oath before this Court that she was never kidnapped by any one or by her present husband, then under no circumstances could she ever be convicted by any Court of Law. Consequently, further proceedings under the said F.I.R. would only result in subjecting her to the peril of a trial. For the foregoing reason, I would convert this Criminal Transfer Application into one under section 561-A, Cr.P.C. and would quash the proceeding under the F.I.R. No.97/2007, Police Station Pir Jo Goth, Khairpur. Disposed of. H.B.T./A-147/K Proceedings quashed.