2006 PLP 2508 (YLR)
Mst. FARZANA — Applicant Versus S.H.O., POLICE STATION, SAKRAND and 4 others — Respondents
| Citation | 2006 PLP 2508 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Munib Ahmad Khan, J |
| Parties | Mst. FARZANA — Applicant Versus S.H.O., POLICE STATION, SAKRAND and 4 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 2508 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 2508 (YLR)?
The case was heard and decided by the Karachi bench comprising: Munib Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 2508 (YLR) (Mst. FARZANA — Applicant Versus S.H.O., POLICE STATION, SAKRAND and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 561-A
Quashing of F.I.R.
Applicant, a lady who was aged 34 years, was major
Complainant neither was guardian of her nor he could be
Complainant was not supporting the applicant in any way and she also did not reside with him
Complainant, in circumstances had no right to lodge F.I.R. against act of marriage of applicant on her own free will, nor F.I.R. was required to be lodged by concerned police officials without going through the factual position--Concerned police official had failed to apply his mind in recording F.I.R. which smacked of mala fide on his part--Proceedings as a consequence of F.I.R. if pending in any Court against nominated accused, was quashed, in circumstances. Ms. Kaneez Fatima Shaikh for Applicant. Amir Ali Thari, the State Counsel. Syed Madad Ali Shah as Amicus Curaie.
Judgment & Decree
MUNIB AHMED KHAN, J.
The S.H.O. has sent an application through A.S.-I. of Police Station, Sakrand showing therein that he is hospitalized. ?????????????? Mr. Thari for State after going through the documents filed by the petitioner as well as her statement recorded in Court on 28-4-2006 and from the contents of F.I.R. states that applicant is aged about 34 years. She has sworn affidavit of free-will which is even not required in the circumstances when she is major and she is employed in a government hospital as a Field Supervisor in a National programme which fact has also been disclosed in her statement recorded in Court. ????????????? On the other hand the complainant in the case is neither guardian nor he can be, nor he is supporting her in any way and further that even the applicant is not residing with him. ????????????? In the circumstances, neither the complainant has a right to lodge the F.I.R. against the act of marriage on her own free-will nor the F.I.R. was required to be lodged by the concerned police officials without going through the factual position. The concerned police official has failed to apply its mind in recording the F.I.R. which smacks mala fide on his part. ??????????? In the circumstances, proceedings as a consequence of F.I.R. No.34 of 2006 of Police Station, Sakrand if pending in any Court against the nominated accused are quashed. A copy of this order may be sent to D.P.O. Nawabshah to place it in the personal file of A.S.-I. Mehmood Akhtar of Police Station Sakrand who recorded the F.I.R. H.B.T./F-15/K ??????????????????????????????????????????????????????????????????? F.I.R. quashed.