SCMR 2005

2005 PLP 1334 (SCMR)

ABID HUSSAIN and another — Petitioners Versus Mst. GHULAM SADIQAN and another — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Crl. M.A. No.219-L of 2004 in Criminal Petition No.672-L of 2004 and Criminal Petition No.689-L of 2004, decided on 27th January, 2005.
Honorable Judges
Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ
Case Reference Summary (AEO Optimized)
Citation 2005 PLP 1334 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ
Parties ABID HUSSAIN and another — Petitioners Versus Mst. GHULAM SADIQAN and another — Respondents
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2005 PLP 1334 (SCMR)?

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 1334 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, Actg. C.J. Faqir Muhammad Khokhar and Tassaduq Hussain Jillani, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2005 PLP 1334 (SCMR) (ABID HUSSAIN and another — Petitioners Versus Mst. GHULAM SADIQAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • Qazi Muhammad Latif, Advocate Supreme Court and A.H. Masood Advocate-on-Record for Petitioners (in both cases).
  • Nemo for respondents (in both cases).
  • Date of hearing: 27th January, 2005.

Headnotes / Summary

(On appeal from the order dated 7-9-2004 and 24-11-2004 in Criminal Miscellaneous No.915-H of 2004, passed by Lahore High Court, Lahore).

S. 363

Constitution of Pakistan (1973), Art.185(3)

Father of the minors against whom case had been registered was not before the Court

Petitioners were also involved in the ease

Petitioners were at liberty to approach the Trial Court for their release on bail and if such application was moved, the same was directed to be disposed of independently without being influenced in any manner by the impugned order

Petitions were disposed of with the said observation.

Judgment & Decree

IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.

Listed petitions are directed against the order dated 7th September, 2004 and 4th November, 2004 passed by the Lahore High Court, Lahore.

2. It is informed that in pursuance of last mentioned order a F.I.R. has been registered against Sajjad Hussain father of minors namely Anam Sajjad and Igra Batool.

3. Learned counsel stated that under section 363, P.P.C. a case cannot be registered against the father on stated allegation of abduction of the minor children.

4. It may be noted that the father of the minors against whom case has been registered is no before the Court. So far as petitioners are concerned they are also involved in the case, therefore, we dispose of these petitions with the observation that they may approach learned trial Court for their release on bail and if such application is moved that would be disposed of independently without being influenced in any manner from the impugned order referred to hereinbefore. Thus, with the above observation petitions stand disposed of. N.H.Q./A-135/S Order accordingly.