1989 P Cr (PLP)
RIASAT ALI‑‑Petitioner Versus MUHAMMAD ASHGAR‑‑Respondent
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar J |
| Parties | RIASAT ALI‑‑Petitioner Versus MUHAMMAD ASHGAR‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Ijaz Nisar J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (RIASAT ALI‑‑Petitioner Versus MUHAMMAD ASHGAR‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghaus Muhammad Chaudhry for Petitioner.
- Ghulam Nabi Bhatti for Respondent.
Headnotes / Summary
‑‑‑S. 491‑‑Habeas corpus‑‑Detenu, sui juris admitting her Nikah with petitioner and willing to go with him‑‑Nikah Khawan proving genuineness of Nikah‑ Thumb‑impression on Nikahnama verified to be of detenu‑‑Lady stating that her Nikah with petitioner was performed prior in time than with respondent‑‑Detenu was ordered to be set at liberty in circumstances.
Judgment & Decree
Ghaus Muhammad Chaudhry for Petitioner. Ghulam Nabi Bhatti for Respondent. In order to test the genuineness of the petitioner's Nikah with Mst. Naseem Akhtar I had summoned Dost Muhammad Nikah Khawan who appeared on 4‑12‑1988 alongwith the relevant register and categorically stated having solemnized Nikah between Riasat Ali and Mst. Shamim Akhtar on 1‑8‑1988.
2. Learned counsel for the respondent has challenged the genineness of the said Nikahnama and stated that it did not bear the thumb‑impression of Mst. Naseem Akhtar and requested for sending it to Finger Print Bureau for comparison in the interest of justice. The said request was granted and her thumb‑impression on the Nikahnama was ordered to be compared with her thumb‑impressions obtained in Court. According to the S.P. Technical Services, Crimes Branch, Lahore the impression on the Nikahnama is identical with the left thumb specimen impression of Nasim Akhtar on the basis of characteristic points of identity. The statement of Mst. Naseem Akhtar has also been recorded She has supported the petitioner and has confirmed the genuineness of her Nikah with Riasat Ali which is prior in time than her Nikah with Muhammad Asghar respondent. She has expressed the desire of accompanying Riasat Ali petitioner. "Statement of Mst. Naseem Akhtar resident of Jambar Kallan Tehsil Chunian District Kasur on SA. My Nikah with Riasat Ali was performed about four months back in Lahore. I am living happily with him. My father brought me back on the occasion of the marriage of my brother where-after he did not allow me to go to the house of Riasat Ali and sent me to the house of Muhammad Asghar respondent against my wishes declaring that my Nikah had been performed with him. I had never consented to the said Nikah. He has been torturing me during my stay for two months in his house. I was recovered from there by a Bailiff. My Nikah with Riasat Ali is genuine and I want to accompany him. In no circumstance, I will accompany Muhammad Asghar respondent. She is sui juris and prima facie there is nothing to doubt her assertion, I grant the petition and set her at liberty. She may accompany Riasat Ali petitioner or any of her relations. The respondent may pursue his legal remedy m Family Court or Civil Court. S.A./R‑134/L Detenu set at liberty.