HYDERABAD, April 3 A division bench of Sindh High Court Hyderabad circuit comprising Mr.Justice Amir Hani Muslim and Mr.Justice Mohammad Iqbal Mahar here on Friday has restrained police from arresting a petitioner couple or any other person named in the FIR lodged against petitioners. The court issued notices to Additional Advocate-General Sindh and respondents for April 15.

Ms. Rukhsana and Mohammad Haris filed a petition before the court, citing Ms. Satbhirai, SHO police station Bhittai Nagar and SIO police station Bhittai Nagar as respondents. The petitioners said that on March 4, Ms. Satbhirai lodged an FIR vide crime no 40/09 at Bhittai Nagar police station under section 365-B, 34 PPC against Mohammad Haris.

They said that contents of FIR and allegations attributed to petitioner are false, concocted and frivolous. They said that the incident was reported to have taken place on February 24,2009 whereas FIR was registered on March 4 with inordinate delay of more than one week which proved concoction and fabrication of allegations against Mohammad Haris. The petitioners said that Haris was a respectable and law abiding citizen and had never been involved in any criminal activity.

They said that Ms. Rukhsana has voluntarily and willingly married Haris of her own sweet will on November 11,2008. They said that Nikah also bears the signature and so also her thumb impression.

They said that in the light of above facts and circumstances above FIR was liable to be quashed in which the petitioners were falsely implicated without any fault. They said that because of influence of complainant concerned police were bent upon to arrest innocent Haris and prosecute him for above offence.

They prayed the court to quash FIR No 40/09 of police station Bhittai Nagar and restrain police from arresting them. The court ordered police not to arrest anyone named in above mentioned FIR and issued notices for April 15.