Criminal Miscelleneous 200/2026 (S.B.) Sindh High Court, Circuit at Hyderabad

Sindh High Court · 2026 · Before Jawad Akbar Sarwana

Learned counsel for the applicant, Manthar Khoso, a resident of District Jamshoro, contends that his alleged spouse, Mst. Basran, has been illegally detained by respondent No.6, a resident of District Tando Muhammad Khan. The applicant has approached this Court without exhausting the remedy available before the competent Court. Counsel candidly concedes that he would be willing to withdraw this lis if the bench gives direction to the competent court to hear the lis. Heard applicant’s counsel. The applicant has always been at liberty to take action before the concerned Sessions Court. No directions are required. Even otherwise, no case is made out for maintainability of this lis as the applicant counsel has leapfrogged the proper forum and arrived directly at the doorstep of this circuit court without exhausting his remedy, in the facts and circumstances of the case before the lower forum, which may determine the issues concerning territorial jurisdiction, in the first instance, including, but not limited, to the fact that there is no documentary evidence to suggest that the applicant has even approached the police authorities, in the first place. Given the above, this Criminal Miscellaneous Application is dismissed, with the observation that the applicant is at liberty to file application before the concerned Court subject to legal consequences. J U D G E Irfan Ali

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