2006 PLP 1904 (YLR)
Mst. NAJMA BIBI — Petitioner Versus S. H. O. and others — Respondents
| Citation | 2006 PLP 1904 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Farrukh Mahmud, J |
| Parties | Mst. NAJMA BIBI — Petitioner Versus S. H. O. and others — Respondents |
Q1: What are the key laws and sections cited in 2006 PLP 1904 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1904 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Farrukh Mahmud, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1904 (YLR) (Mst. NAJMA BIBI — Petitioner Versus S. H. O. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sardar Mahmood Iqbal Khakwani for Petitioner.
- Syed Shaheen Masood Rizvi, A. A.-G., Punjab with Maqbool Ahmad S.-I. for Respondents.
Judgment & Decree
MUHAMMAD FARRUKH MAHMUD, J.
This petition is directed against order dated 10-9-2005 passed by the learned Additional Sessions Judge, Liaqatpur, whereby he refused to exercise his jurisdiction under section 22-A, Cr.P.C., for the reason that according to his perception, offences under the provisions of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, were not cognizable and reference in this respect was made to an unreported judgment dated 22-7-2005 handed down by my learned brother Muhammad Jahangir Arshad, J., in Writ Petition No.602 of 2005 titled as `Rehmat Bibi v. S.H.O. and others'.
2. The relevant facts are that Mst. Najma-petitioner sought registration of case through written application submitted A before the learned Additional Sessions Judge, Liaqatpur, alleging therein that shewas forcibly abducted by the accused, who were armed with different weapons, and was, therefore, subjected to Zina-bil-Jabr by one of the accused namely Din Muhammad.
3. I have heard the learned counsel for the petitioner as well as the learned A.A.-G. and have also gone through the relevant record of the case.
4. A bare perusal of section 156-B, Cr.P.C., reading as under:- "156-B. Investigation against a woman accused of the offence of Zina.
Notwithstanding anything contained in this Code, where a person is accused of offence of Zina under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), no police officer below the rank of a Superintendent of Police shall investigate such offence nor shall such accused be arrested without permission of the Court. Explanation.
In this section 'Zina' does not include 'Zina-bil-Jabr'. would have made clear to the learned Additional Sessions Judge that application of the petitioner was not B hit by the provision of this section. Reference is made to the 'Explanation' thereto.
5. In view of the above circumstances, I allow this petition and set aside the impugned order dated 10-9-2005 passed by the learned Additional Sessions Judge, Liaqatpur. The petitioner may approach the S.H.O./respondent No.1, who would record her statement and thereafter proceed in accordance with law. N.H.Q./N-15/L Petition accepted.