IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed

Muslim, adult, R/o House No.287-A, Street No.3,
Sir Syed Colony, Block-14-I, Allah Waris Stop,
Orangi Town, Karachi………….………………………..…………..Applicant

VERSUS

1. Learned IVth Additional Session Judge,

Karachi West

2. The Superintendent of Police,

Complaint Cell,
District West, Karachi

3. The Station House Officer,

Police Station Pakistan Bazar,
Karachi West……………………………………………….Respondents

a. Shabana (Ex-UC Counselor)

b. Tanzeem (Working in Sindh Police)
c. Saad
d. Shamim
e. Nadeem Malik @ Nadeem Babe
f. Shahid Hussain (working in Water Board)
g. Javed Hamdani (Working in water board)
h. Sarwar & others…………………………………….Proposed Accused

APPLICATION UNDER SECTION 561-A CR. P. C

Being aggrieved and dissatisfied with the impugned Order dated:

10.07.2023, passed by the learned IVth Additional District & Sessions

Judge, Karachi West whereby the application U/s 22-A r/w Section 22-B

sub-section 6(iii) Cr.P.C filed by Applicant was not allowed. The Applicant
being aggrieved with the said impugned Order passed respectfully prefers

this petition with the prayer that this Honorable Court may be pleased to

set-aside the impugned order on the scale of justice by scanning its legality

and propriety and thereafter, set-aside the same on consideration of the

following facts and grounds:

(Certified Copy of Impugned Order dated:

10.07.2023 is attached herewith and marked as
Annexure-A)

FACTS
Brief facts of the case leading to filing Crl. Misc. Application before the
District & Sessions Judge, Karachi West are as under.
(Copy of Memo of Crl. Misc. Application is
attached herewith and marked as Annexure-B)

1. That the Applicant is law-abiding citizen of the Pakistan and

residing at the address mentioned above, applicant believes in the
rule of law, supremacy of the Constitution and independence of the
judiciary and the Applicant is entitled to have all the rights,
privileges as guaranteed, conferred and provided under the
Constitution of Pakistan and the law.

2. That the applicant is residing at above address and for the

betterment of her life as well as of other area people’s, applicant has
moved several applications to government departments regarding
construction/repairing of roads, removal of encroachments,
finishing of load-shedding, provision of smooth supply of water and
gas and other basic necessities and always tries to solve problems of
area people being a responsible citizen.

3. That the Applicant besides being a responsible citizen, is a teacher

by profession and Applicant for the betterment of people of her area
have approached several organizations including this Hon’ble Court
as well as Hon’ble Supreme Court of Pakistan. Applicant filed
Constitution Petitions No.D-575/2022, D-1591/2022, D-4692/2022,
and CMA No.1248-K/2021, HRC-53342-S/2018 before the Hon’ble
 Supreme Court and POS-CH-326/2016 before the Ombudsman. All
the cases are far from any political influence and purely for the
betterment of area people.
(Copies of orders passed in above cases are
attached herewith and marked as Annexure-C to
“C/______”)

4. That the Applicant got water connection for her house, after
completing all codal formalities and applicant is being paying its
bill, which is issued by KW&SB time to time without any lapse. It is
pertinent to mention here that applicant and her brother are living in
two different houses and they have two different water connections.

5. That despite the legally-installed water connection in the house of

Applicant, there is no water in said lines and the Water Board only
release water for 10-15 minutes once in two months and applicant is
compelled to buy water tanker for her daily usage. Thereafter
Applicant filed a Constitutional Petition before this Hon’ble Court
for smooth supply of water and this Hon’ble Court had issued
directions to concerned departments and officials regarding supply
of water.

6. That one lady namely Shabana came at the house of Applicant and
started abusing and using filthy language against the applicant and
brought some 5-6 ladies and 10-12 men with her and started digging
the road and tried to disconnect the water connection of applicant’s
house. Upon inquiring, the said lady started abusing and started
character assassination to applicant and issued threats to applicant
of dire consequences.

7. That after being aggrieved to the prejudice, the Applicant had

approached present respondents but regret to state that the Official
Respondents neither took any action against the said culprits nor
restrained them.

8. That after refusal from Official Respondents, Applicant filed

application U/S 22-A R/w S.22-B Cr.P.C before the Court of IVth
 Additional Sessions Judge, against the proposed accused but same
was not allowed and learned IVth Additional Sessions Judge,
Karachi West passed an impugned order hence this petition on
following grounds.

GROUNDS

a. That the learned trial Court has announced the impugned order on
the basis of surmises and conjectures, and without application of
judicious mind.

b. That the impugned order suffers from misapplication of law, and

by-passing the subject-matter and the contents of the 22-A & 22-B
application of the Applicant.

c. That the learned Court had failed to apply its judicious mind to the
very contents of the Applicant’s application and it cannot be decided
in a very ordinary manner on the fast track basis.

d. That the Applicant has great apprehension by the hands of private

respondents/accused-persons, they are politically influencing upon
the social work of Applicant. Applicant has very serious threats
from accused persons. Therefore Applicant seeks protection against
the private Respondents through SSP as applicant has already show
her grievance against SHO, whereas the learned Trial Court has
directed SHO to provide protection to Applicant.
(Copy of Application moved by applicant to IG
Sindh against SHO PS Pakistan Bazar is
attached herewith and marked as Annexure-D &
“D/______”)

e. That the Applicant having no connection with any political,

religious and ethnic or criminal group hence there is no likelihood of
any involvement in any illegal act.

f. That the Applicant craves indulgence to press some other grounds

based on record with kind permission of this Honorable Court.
g. That the Applicant has no other adequate and efficacious remedy
available except to file the present constitution Petition.

PRAYER
The Applicant, therefore, prayed in the interest of justice that this

Honorable Court may graciously be pleased to pass the order(s) against

the Respondents as under:

a. To Set-aside the impugned order dated: 10.07.2023 passed by the

learned IVth Additional District & Sessions Judge, Karachi West

and direct the Respondent No.2, not to Respondent No.3, to

provide proper protection and security to the Applicant against

the proposed accused.

b. To direct the Respondent No.3 (SHO PS Pakistan Bazaar) to

record the statement of the Applicant u/s 154 Cr.P.C and take

action against the proposed accused.

c. That Any other relief(s) this Honorable court may deem fit and

proper under the circumstances.

APPLICANT
Karachi
Date: August, 2023
 IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed…………..…………..Applicant

VERSUS

IVth ADJ Karachi West & others……………………………….Respondents

AFFIDAVIT

I, Naureen Nazli D/o Mukhtar Ahmed, Muslim, adult, R/o House

No.287-A, Street No.3, Sir Syed Colony, Block-14-I, Allah Waris Stop,
Orangi Town, Karachi, do here by state on oath as under:-

1. That I am the Applicant in the above matter and deponent of this

affidavit, am fully conversant with the facts of the case.

2. That the accompanying Criminal Miscellaneous Application under Section

561-A CrPC against the impugned order dated: 10.07.2023 has been filed
and drafted by me and the contents of the same are true and correct.

3. That until and unless instant application is allowed, the applicant shall
suffer irreparable loss and agony.

4. That whatever is stated above is true and correct to the best of my

knowledge and belief.

DEPONENT
Karachi
Dated: August, 2023
 IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed…………..…………..Applicant

VERSUS

IVth ADJ Karachi West & others……………………………….Respondents

APPLICATION FOR URGENT HEARING U/R IX CHAPTER.

III-A VOL.V HIGH COURT RULES & ORDERS

It is most respectfully prayed on behalf of the above named Applicant that

this Honorable Court may graciously be pleased to take up the present

matter on urgent basis on_______________ in Court or Chambers.

The prayer is made in the interest of justice

Karachi,

Dated: .08.2023 APPLICANT IN PERSON

 IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed…………..…………..Applicant

VERSUS

IVth ADJ Karachi West & others……………………………….Respondents

AFFIDAVIT IN SUPPORT OF URGENT APPLICATION

I, Naureen Nazli D/o Mukhtar Ahmed, Muslim, adult, R/o House
No.287-A, Street No.3, Sir Syed Colony, Block-14-I, Allah Waris Stop,
Orangi Town, Karachi, do here by state on oath as under:

1. That I am the Applicant in above Application and fully conversant

with the facts and circumstances stated therein.

2. That I say that accompanying application for urgent hearing has

been drafted and filed by me contents of the Constitutional Petition

may kindly be treated as part and parcel of this affidavit for the sake

of brevity.

3. That I say that unless said Application is granted, the Petitioner shall

suffer irreparable loss and mental agony as well.

4. That whatever has been stated above is true and correct to the best

of my knowledge and belief.

DEPONENT
Karachi
Dated: August, 2023
 IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed…………..…………..Applicant

VERSUS

IVth ADJ Karachi West & others……………………………….Respondents

EXEMPTION APPLICATION

It is respectfully submitted on behalf of the Applicant that this Honorable

Court may kindly be pleased to exempt the Applicant from filing the

original, certified copies of the Annexures and accept photocopies of the

Annexures in the interest of justice.

Prayer is made in the interest of justice.

Karachi,

Dated: .08.2023 APPLICANT IN PERSON

 IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed…………..…………..Applicant

VERSUS

IVth ADJ Karachi West & others……………………………….Respondents

AFFIDAVIT IN SUPPORT OF EXEMPTION APPLICATION

I, Naureen Nazli D/o Mukhtar Ahmed, Muslim, adult, R/o House

No.287-A, Street No.3, Sir Syed Colony, Block-14-I, Allah Waris Stop,
Orangi Town, Karachi, do here by state on oath as under:-

1. That I am the Applicant in above mention Crl. Misc. Application and

deponent of this affidavit hence I am fully conversant with the facts
and circumstances stated therein.

2. That I say that the accompanying exemption application has been

filed by my counsel under my specific instructions and the contents
of the Constitutional Petition may kindly be treated as part and
parcel of this affidavit for the sake of brevity.

3. That I say that unless said Application is granted, I shall suffer

irreparable loss and mental agony as well.

4. That whatever has been stated above is true and correct to the best
of my knowledge and belief.

DEPONENT
Karachi
Dated: August, 2023
 IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed…………..…………..Applicant

VERSUS

IVth ADJ Karachi West & others……………………………….Respondents

INDEX

S.N Description ANNEXURES PAGES

O
1. Memo of Petition A/W Affidavit.
2. Certified Copy of Impugned Order dated: A
10.07.2023
3. Copy of Memo of Crl. Misc. Application B

4. Copies of orders passed in CPs filed by C to C/8

Applicant before this Hon’ble Court as
well as before the Hon’ble Supreme
Court
5. Copy of Application moved by applicant D to D/1
to IG Sindh against SHO PS Pakistan
Bazar
6. Certificate

7. Urgent Application A/W Affidavit.

8. Exemption Application A/W Affidavit.

Karachi,

Dated: .08.2023 APPLICANT IN PERSON

 IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Miscellaneous Application No. of 2023

Mst. Naureen Nazli D/o Mukhtar Ahmed…………..…………..Applicant

VERSUS

IVth ADJ Karachi West & others……………………………….Respondents

CERTIFICATE

It is certified that against the impugned order dated: 10.07.2023, prior to

this Crl. Misc. Application, no any case or petition has been filed by

Applicant before this Hon’ble Court. This is first Crl. Misc. Application

filed by Applicant.

Karachi,

Dated: .08.2023 APPLICANT IN PERSON