2009 PLP 1920 (YLR)

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3. Heard learned counsel for the parties and perused the record. It is alleged by petitioner No.1 that his daughter petitioner No.2 was abducted by private respondents Nos. 6 to 11 on gun point on 23-5-200&. At the first instance, the petitioner No.1 had approached to private respondents Nos. 6 to 11 for release of his daughter. He was kept on false hopes. Finding no way out he lodged F.I.R. on 29-7-2006. During the investigation of case on 5-2-2007 petitioner No.2 was left at petitioner No.1's house by the representatives of Edhi Home. According to petitioner No.2 she was abducted by the above private respondents and because of intoxicant things given to her in meal and drink, she became unconscious. On regaining her senses, she found herself in a train running towards Karachi. At Karachi Railway Station, she feeling herself lonely was crying, which attracted to Railway Police, who after taking her in custody, handed over to Edhi Home at Clifton Centre Karachi. Grievance of the petitioners is that on the basis of her so-called 164, Cr, P.C., statement said to be recorded on 6-2-2007 before Judicial Magistrate, Faiz Ganj, F.I.R., registered by petitioner No. 1, on the report of Investigating Officer, was cancelled by Judicial Magistrate, .Faiz Ganj vide order, dated 2-3-2007. Being aggrieved by this order, this petition has been filed. In reply to it, learned Additional Advocate General and Mr. Haji Shamsuddin Rajper, Advocate for respondents Nos. 6 to 11 while referring reports of Railway Police, Karachi, dated 23-5-2007 and statements of employees of Edhi Centre, dated 5-7-2007 recorded at the time of handing over custody of petitioner No.2 to her grandfather, argued that it .is not a case of abduction by respondents Nos. 6 to 11 but the petitioner No.2 at her own left her house, which is evident from both these documents coupled with 164, Cr.P.C. statement recorded by Judicial Magistrate. So far the allegations made by the petitioners that petitioner No.2 has not given any statement before Judicial Magistrate and her signatures were obtained on a plain paper under pressure, have been refuted contending that no such objection was raised by petitioner No.2 before the concerned Judicial Magistrate on 6-2-2007 nor any subsequent documents reduced in writing by Railway Police or Edhi Home reflects that any allegation of such nature, was ever raised, which gives to the conclusion that petitioner No.2 at her own left the house and subsequently, her custody was handed over to her grandfather. Statements made by petitioner as well as respondents respectively, have been refuted by each other; hence under these circumstances, it would be proper that thorough enquiry be conducted in the matter by Judicial Magistrate, who after calling all the concerned parties including Police Officials of Railway Police, Karachi and Edhi Home of Clifton Centre Karachi, will dispose of the matter in accordance with law and evidence produced before him. In view of the above observations, impugned order hereby set aside. Matter is remanded to concerned Judicial Magistrate for enquiry. During investigation, Police officials are restrained to arrest respondents Nos. 6 to

11. After conclusion of enquiry by Judicial Magistrate, it is left to the Judicial Magistrate to proceed with in accordance with law. In view of the above, petition stands disposed of along with listed application. H.B.T./M-112/K Case remande