2005 PLP 1408 (YLR)
Mst. TESLEEM MAI — Petitioner Versus D.I.G., MULTAN RANGE, MULTAN and 9 others — Respondents
| Citation | 2005 PLP 1408 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. A. Shahid Siddiqui, J |
| Parties | Mst. TESLEEM MAI — Petitioner Versus D.I.G., MULTAN RANGE, MULTAN and 9 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2005 PLP 1408 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1408 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. A. Shahid Siddiqui, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1408 (YLR) (Mst. TESLEEM MAI — Petitioner Versus D.I.G., MULTAN RANGE, MULTAN and 9 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Muhammad Jehanzeb Khan, Advocate.
Headnotes / Summary
S.354-A
Criminal Procedure Code (V of 1898), S.22-A
Constitution of Pakistan (1973), Art.199
Constitutional petition
Accused had allegedly damaged the standing crop of the complainant by ploughing the field with tractor and when she restrained them she was assaulted, made naked and tied with a rope by them
Justice of Peace, after obtaining a report from the S.H.O. concerned, had declined to order the registration of case against the accused
Local police was stated to be in league with the accused
Allegations levelled by the complainant disclosed the commission of a cognizable offence
District police officer concerned was directed to get the case registered against the accused on the written complaint of the complainant and get the same investigated by a police officer other than the said S.H.O. and his subordinates
Constitutional petition was disposed of accordingly. Rana Muhammad Jehanzeb Khan, Advocate.
Judgment & Decree
It is submitted that respondents Nos.4 to 10 on the night between 29/30-4-2004 entered the "Jantar" field of the petitioner and caused damage to the standing crop by ploughing the field with tractor and when the petitioner went there to restrain them, she was assaulted, made naked and tied with a rope. She made a complaint to the police but no action was taken. She has also preferred an application to the Justice of Peace under section 22-A, Cr.P.C. seeking registration of a case. The learned Justice of Peace, after obtaining a report from the concerned S.H.O., declined to order the registration of case against the accused vide order dated 13-5-2004. It is submitted that the local police was in league with the accused. The allegations levelled by the petitioner disclosed the commission of a cognizable offence, as such the S.H.O. should have been ordered to register a case and investigate the same in accordance with law.
2. I have considered the submissions made by the learned counsel for the petitioner.
3. Let the petitioner make a written complaint to the District Police Officer, Vehari, who shall get the same registered at Police Station, Sadar, Mailsi, and investigated by a police officer, other than the S.H.O. Police, Station, Sadar, Mailsi and his subordinates. With this direction, this petition stands disposed of. N.H.Q./T-71/L Order accordingly.