YLR 2009

2009 PLP 1444 (YLR)

QALANDAR BUX and 2 others — Petitioners Versus MUHAMMAD ASLAM QURESHI and 7 others — Respondents

Jurisdiction / Court
Karachi
Decided Date
Constitutional Petition No. S.-335 of 2008, decided on 29th August, 2008.
Honorable Judges
Khawaja Naveed Ahmed, J
Case Reference Summary (AEO Optimized)
Citation 2009 PLP 1444 (YLR)
Forum / Court Karachi
Bench Members Khawaja Naveed Ahmed, J
Parties QALANDAR BUX and 2 others — Petitioners Versus MUHAMMAD ASLAM QURESHI and 7 others — Respondents
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2009 PLP 1444 (YLR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2009 PLP 1444 (YLR)?

The case was heard and decided by the Karachi bench comprising: Khawaja Naveed Ahmed, J.

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

Cite this legal precedent as: 2009 PLP 1444 (YLR) (QALANDAR BUX and 2 others — Petitioners Versus MUHAMMAD ASLAM QURESHI and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Muhammad Ikram Siddiqui for Petitioners.
  • Neel Keshav for Respondent No.1.

Headnotes / Summary

Art.199

Constitutional petition

Investigation by police

Civil dispute existed between the parties for sale/ purchase of land and in that respect suits were pending when parties found no benefit in civil case, they resorted to coercive methods

Police Officers present in the court had categorically stated that they were not a party to litigation between the parties and they were not taking the side of any party to the litigation

Police had recorded F.I.R. under S.384/34, P.P.C. and were investigating the matter, but no evidence was found against any culprit

Counsel for the petitioner had stated that he would send witnesses at the Police Station who would help the Investigating Officer in his investigation

Police Officers were advised to perform their duties according to law and should not take sides with any party to the litigation

Police Officers in the court were discharged and the petition was disposed of accordingly. Farah Naz Qazi, State Counsel along with DSP Altaf Hussain SPO Manghopir on behalf of S.P. Gaddap and S.H.O. Manghopir.

Judgment & Decree

KHAWAJA NAVEED AHMED, J.

From the facts narrated in the memo. of petition as well as stated by the learned counsel for the petitioner, it appears that there is a civil dispute for sale/purchase of land. In this respect Suit No.729 of 2005 and 814 of 2005 are pending in this Court. It appears that when the parties found no benefit in civil case, have resorted to coercive methods, local police force and coercive activities like snatching of truck/harassment. The Police Officer who are present in Court have categorically stated that they are not a party to the litigation between the parties and they are not taking the side of any of the parties to the litigation. S.P. Mr. Irshad Ali Raza has filed his reply, wherein under paragraph 7, he has stated that F.I.R. No. 220 of 2008, under sections 384/34, P.P.C. was registered at Police Station Manghopir on 15-7-2008, on the complaint of one Mono alias Munawar. The D.S.P. who is present today has informed the Court that they are investigating the matter and no evidence has been found against any culprit and as soon as any evidence will be found they will arrest him and will recover property and will proceed according to law. But, since no evidence has been found no progress has been made they have not located any culprits as well as the case property. At this juncture, learned counsel for the petitioner states that he will send witnesses at the Police Station, who will help the Investigating Officer for Investigation. D.S.P., states that witnesses are most welcome at the Police Station, whenever they want to come. In these circumstances, petition has born its fruit. Police Officers are advised to perform their duties according to law and should not take sides of the party to the litigation. Police Officers in Court are discharged and the petition is disposed of accordingly. H.B.T./Q-1/K????????????????????????????????????????????????????????????????????????????????????? Order accordingly.