ABDUL HADI KHOSO, J.---Considered.
2. Granted.
3. Heard the learned counsel for the petitioner and Mr. Agha Athar Hussain, Assistant Advocate General for the State, who waives the notice. Office objection is regarding the maintainability of the Constitutional Petition while the prayer of lady Mst. Kouri, the petitioner, she states that her daughter namely Mst. Kiran aged about 20 years has filed family suit for Dissolution of Marriage which is pending before Family Judge, Rohri against the proposed accused her husband Tariq Ali son of Arbelo Kalhoro resident of Taulka Rohri District Sukkur within the territorial jurisdiction of this Court. Therefore, the proposed accused namely Arbelo son of Sultan Kalhoro, Sahibzado son of Sultan Kalhoro, Tariq Ali son of Arbelo Kalhoro (who is the husband of girl Mst. Kiran) are annoyed, they issued threats that if she will not obey her husband then she will face dire consequences and will be killed, declared as "KARI" by them. On which Mst. Kiran approached Court of learned Sessions Judge/Justice of Peace through Criminal Miscellaneous Application under sections 22-A and 22-B, Cr.P.C. The same was disposed of on the statement of official respondents and thereafter her daughter Mst. Kiran filed suit for Dissolution of Marriage on the ground of Khulla in the concerned Court. After the knowledge of Family suit regarding Mst. Kiran v. Tariq Ali who is proposed accused No,3 and proposed accused No,2 Sahibzado son of Sultan is uncle of the Tariq Ali and Arbelo who is father of Tariq Ali have become annoyed and issued threats to the petitioner on telephone for kidnapping as well as of murder.
' The application filed under section 22-A, Cr.P.C. Before the Justice of Peace/Sessions Judge was disposed of on the statement of official respondents and the petition was supported with the affidavit. The petitioner further states that in the night of 7th and 8th February 2010 at the time 2010 hours she, her father Muhammad Sadik and other family members were present in their house, electric bulbs were on, at about 9-30 P.M. The proposed accused and two unidentified persons trespassed into the house of petitioner and were clearly seen in the light of electric bulbs and the petitioner as alleged they were armed with weapons. On arrival they controlled over the petitioner and family members, the proposed accused after maltreatment causing kicks and fist blows, forcibly, took away box lying in the house of petitioner containing various ornaments and clothes and cash and dragged her daughter out of the house in order to kidnap her forcibly, she raised cries on which the neighbours came running who also saw the accused and identified them and intervened, then the proposed accused ran away by taking the articles.
' The office has raised objection about maintainability of petition, available under sections 22-A and 22-B, Cr.P.C. As laid down in the case law reported in 2003 YLR 2168. The learned counsel for the petitioner has replied, matter be placed before the Court. The learned Assistant Advocate General Mr. Agha Athar Hussain, he supports the office objection.
I have heard both the sides on this point and in my humble view every case has got its own facts and circumstances. The quoted authority and the facts and circumstances of the present petition does not come in the way of observing the facts and circumstances of the present petition. A young lady who has filed family suit for dissolution of her marriage which is still pending before the Family Court, so she is entitled for protection under the Law and the interest of justice requires that the A concerned S.H.O. Should provide her strict protection and her other inmates of the house. In these circumstances I direct the District Police Officer of the District Sukkur to see the actual position and provide them strict protection from the highhandedness of the proposed accused and also the concerned S.H.O. Should record the statement of the petitioner and if he finds the allegations of a cognizable offence he should obey the directions of the Law under the legal provisions. The order of this Court be communicated to the District Police Officer Sukkur and other concerned subordinate officials the S.P.O. And S.H.O. Police Station Saleh-Pat having concerned territorial area. The compliance of this order be reported to the Additional Registrar of this Court within 3 days after receiving the order.
' Petition stands disposed of in the above terms.