273/2021 Criminal Miscelleneous MST. SEEMA D/O LATE NOOR MUHAMMAD (Applicant) V/S WAJID ALI SHAH & ORS (Respondent)

Sindh High Court2021

Bench: Hon'ble Mr. Justice Salahuddin Panhwar

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273/2021 Criminal Miscelleneous MST. SEEMA D/O LATE NOOR MUHAMMAD (Applicant) V/S WAJID ALI SHAH & ORS (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Salahuddin Panhwar Order Date: 29-SEP-21 Applicant filed this Crl, Msic. Application, impugned the order dated 06.04.2021 passed by learned 6th A.D.J Karachi South whereby her Cr. Rev. Application No.23/2021 filed against order dated 09.02.2021 of 7th Judicial Magistrate Karachi South in Cr. Case No.1794/2017, was dismissed. The respondent lodged FIR against her ex-wife on the ground of committing fraud and cheating in obtaining Pakistani passport for her personal gain by showing her wrong date of birth. It has been held that the present petitioner was/is not said to be a civil servant or employed in some institution where the date of birth was/is material for some advantage or gains. I am conscious that for such a civil servant/employee the alteration/change in the date of birth has been discouraged but for ordinary person the same was/is not strictly prohibited because an ordinary person normally was/is not likely to take any advantage/benefit with change of such date of birth unless otherwise, so is proved/established. Cr. MA was allowed. Cr.Misc. Appln. No.319/2020; Cr.Rev. No.135/2020 and CP No.S-445/2020 was referred in support of above as well PLD 1959 Lahore 566 and 2020 SCMR 316.
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