2005 PLP 1960 (YLR)
MUHAMMAD SHOAIB — Petitioner Versus HUDDA and 2 others — Respondents
| Citation | 2005 PLP 1960 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | MUHAMMAD SHOAIB — Petitioner Versus HUDDA and 2 others — Respondents |
Q1: What are the key laws and sections cited in 2005 PLP 1960 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1960 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1960 (YLR) (MUHAMMAD SHOAIB — Petitioner Versus HUDDA and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ----S. 361---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Quashing of F.I.R.-Respondent had alleged that petitioner and his relatives had snatched her son from her---Submission of petitioner was that he being father of the child, was his natural guardian and registration of case against him was unlawful and was based upon mala fide of the respondent---Additional Advocate-General and counsel for the respondent had conceded to submission of the petitioner---Case was still at investigation stage---Petition was allowed and F.I.R. was quashed.
- Mian Muhammad Waseem for Petitioner.
- Khurshid Anwar Bhindar, Addl. Advocate-General and Syed Muhammad Bazar Gardezi for Respondents.
- 5. Learned Additional Advocate-General and the learned counsel for respondent No.1 have conceded to this intention. According to the A.S.-I. present, the case is still at the investigation stage. In these circumstances, I have been persuaded to accept the instant petition. The same, therefore, is allowed and the F.I.R. is quashed.
Judgment & Decree
Petitioner Muhammad Shoaib through the instant petition has sought for quashing of F.I.R. No.274 dated 1-10-2004 under section 361, P.P.C. registered with Police Station, Garhi Shahu, Lahore. Briefly, the facts relevant for the disposal of the instant petition are that the said case has been got registered by respondent No.1. She has alleged therein that on 28-9-2004, her husband, mother-in-law and wife of maternal uncle have snatched her son from her and her husband has also not paid her any maintenance.
3. Respondent No.2 has furnished his report' and parawise comments to the petition.
4. I have heard the parties present. Learned counsel for the petitioner has submitted that the petitioner is the real father of the child and so was his natural guardian and the registration of the case against him is absolutely unlawful and based upon the mala fide of respondent No.1.
5. Learned Additional Advocate-General and the learned counsel for respondent No.1 have conceded to this intention. According to the A.S.-I. present, the case is still at the investigation stage. In these circumstances, I have been persuaded to accept the instant petition. The same, therefore, is allowed and the F.I.R. is quashed. H. B.T. /M-1061 /L Petition allowed.