The Sindh High Court adjourned the hearing of petitions regarding the approval of challan and medical examination of the girl who had gone to Lahore to marry the man of her choice. The hearing will be held on Friday (today).
During the hearing before a single bench, comprising Justice Salahudddin Phanwar, the defence counsel stated that accused Zaheer has challenged the challan. The counsel for the complainant, the girl's father, said he would not be able to argue on the challan today, he needs preparation and there is injunction on conducting medical examination.
The defence took the position, saying, in case the challan is nullified, the medical examination issue will be over. The court remarked that if the challan is annulled, the medical examination application will be withdrawn. Defence counsel said that he wished that the rights of accused were not affected.
"There has already been a gross misuse of law in the case," he claimed. The complainant's lawyer said that by declaring the FIR null and void, the application has already been rejected.
The court said in a dialogue with the lawyer of the accused that in such a case how can his petition be heard? The court remarked, did you file an acquittal petition in the trial court? If acquittal is not filed, how can an application against the challan be filed? The accused's lawyer maintained that the FIR was not challenged, but the approval of the challan was questioned. The court directed the lawyer of the accused to satisfy the court on his apprehensions over the approval of the challan.
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