Muhammad Younis Waggan vs State Ss — 2026 PCrLJ 188 KARACHI-HIGH-COURT-SINDH

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Muhammad Younis Waggan VS State Ss. 365-B, 457 & 34---Criminal Procedure Code (V of 1898), S. 561-A---Inherent powers of High Court---Quashing of orders---Summary submitted by the Investigating Officer for disposal of the Case /FIR, under "C" Class as approved by the Magistrate---Validity---Applicant registered the FIR against accused with the allegation that they had abducted minor niece of the complainant by threat of weapons---As per record, Judicial Magistrate had passed order dated 07.12.2023, whereby Judicial Magistrate sent the alleged abductee to Darul Aman---During investigation statement under S.164, Cr.P.C., of alleged abductee was recorded wherein she had denied the allegation of her alleged abduction and had taken stance that she being sui juris had contracted marriage with 'M' by exercising her right of freewill---Alleged abductee further stated that the complainant had lodged false FIR against her husband---Investigating Officer had also recorded her statement under S.161, Cr.P.C, wherein she had reiterated the same facts as in S.164 Cr.P.C. statement---Applicant had approached the Judicial Magistrate to constitute medical board to determine the age of alleged abductee and on that application Director General Health had constituted the Medical Board comprising of senior Professors, who unanimously opined that the age of alleged abductee was about 18 years---Main controversy involved in the case was whether the preference was to be given to the documents issued by School as well as NADRA or the Medical Board, which determined the age of alleged abductee---Preference could be given of Medical Board who through ossification test determined the age at alleged abductees as 18 years---Judicial Magistrate had rightly approved the summary under cancelled 'C' class in terms of S.173, Cr.P.C.---Therefore, impugned order passed by Judicial Magistrate was maintained---Consequently, Crl. Misc. Application being devoid of merits was dismissed.

Muhammad Younis Waggan vs State Ss — 2026 PCrLJ 188 KARACHI-HIGH-COURT-SINDH

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