2012 PLP 760 (MLD)
Mst. NAZISH KANWAL — Petitioner Versus ADDITIONAL SESSIONS JUDGE and others — Respondents
| Citation | 2012 PLP 760 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Syed Muhammad Kazim Raza Shamsi, J |
| Parties | Mst. NAZISH KANWAL — Petitioner Versus ADDITIONAL SESSIONS JUDGE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 760 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 760 (MLD)?
The case was heard and decided by the Lahore bench comprising: Syed Muhammad Kazim Raza Shamsi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 760 (MLD) (Mst. NAZISH KANWAL — Petitioner Versus ADDITIONAL SESSIONS JUDGE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azmat Ali Chohan for Petitioner.
- Rana Muhammad Amin Azeemi for Respondent No.3.
Headnotes / Summary
Ss. 22-A & 22-B
Constitution of Pakistan, Art. 199
Constitutional petition
Order of registration of F.I.R. by Justice of Peace against petitioner was assailed
Husband (respondent) had submitted an application before the ex-officio Justice of Peace, alleging that on the day of occurrence when he returned to his house, his wife (petitioner) was not present and cash and gold ornaments were missing from his house
Ex-Officio Justice of Peace issued directions to the S.H.O. for registration of case to redress grievance of husband
Wife (petitioner) had challenged the order passed by ex-officio Justice of Peace, contending that she could not be charged for committing theft of an article in the absence of her husband in the house, as she was equal owner of that property
Constitutional petition was not entertainable for the reason that interference by High Court in the impugned order could have amounted to quashing of F.I.R., which was to be registered by the S.H.O. under the orders of the court of competent jurisdiction
Contentions raised by wife would be available to her when she would avail her legal remedies available to her under the law
High Court could not indulge for resolving factual controversies between the parties
High Court declined to interfere in the order of the ex-officio Justice of Peace
Constitutional petition was dismissed. Ch. Khadim Hussain Qaiser, Additional Advocate-General Punjab. Rab Nawaz, S.I. along with record.
Judgment & Decree
SYED MUHAMMAD KAZIM RAZA SHAMSI, J.
Mst. Nazish Kanwal, being aggrieved by an order dated 30-9-2011, passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore has challenged its veracity through the instant Constitutional petition alleging that being wife of one lqbal Ahmad, she cannot be charged for committing theft of the article in the absence of her husband lying in the house as she is equally owner of that property.
2. Through the petition before the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore, Iqbal Ahmad alleged that he had contracted second marriage with the present petitioner in September, 2011 and when on 16-9-2011, he returned to his house at 6-00 p.m., his wife was not present in the house and cash of Rs.200,000 was also missing along with the golden ornaments. He alleged that threats of dire consequences were also extended to him. On this application, the learned Ex-Officio Justice of Peace issued direction to the S.H.O. for redressal of the grievance of petitioner.
3. Parties heard.
4. The instant petition against an order passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace issuing direction for registration of case is not entertainable for the simple reason that the interference by this court in the said order may amount the quashment of the F.I.R. to be registered by the S.H.O. of the police station under the orders of court of competent jurisdiction. The points agitated in the instant petition would also be available to the petitioner when she would avail her legal remedies available to her under the law. At this stage, this court cannot be indulged for resolving factual controversy between the parties. In this situation, I am not inclined to interfere into the order passed by the learned Additional Sessions Judge/Ex-Officio Justice of Peace, Lahore.
5. The petition, thus, in hand is dismissed with the direction to the petitioner to avail her legal remedies available to her under the law where she may agitate the points raised through the instant Constitutional petition. M.W.A./N-8/L Petition dismissed.