1995 P Cr (PLP)
Dr. EHSAN-UL-HAQ NIAZI and 2 others — Petitioners Versus THE STATE — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Dr. EHSAN-UL-HAQ NIAZI and 2 others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (Dr. EHSAN-UL-HAQ NIAZI and 2 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdus Saleem for Petitioners.
Headnotes / Summary
S. 420
Criminal Procedure Code (.V of 1898), S.561-A
No offence as mentioned in the F.I.R. was made out even from the evidence of the case
Assertion of police regarding cheating was absolutely baseless and vague as not a single cheated person from public had been cited as a prosecution witness
Registration of F.I.R. being a result of mala fides on the part of the police was quashed accordingly.
Judgment & Decree
Briefly, facts of the case are that the petitioners are registered Homeopathic Medical Practitioners; a case F.I.R. No.59/95 at the instance of Divisional Drug Inspector, Faisalabad was registered on 30-1-1995 under section 420, P.P.C., 16 M.P.O. and section 24 Drug Act, 1976 with Police Station Batala Colony, Faisalabad. The challan has been submitted under section 420, .P,P.C. while offences under section 16 M.P.O. and section 24 Drug Act, 1976 have been deleted.
2. The learned counsel for the petitioners vehemently contended that no offence udder section 420, P.P.C. is made out as the sole object of registration of case is to extort money, defamation and blackmail the petitioners.
3. I have heard the arguments of learned counsel as well the learned counsel for the State and Investigating Officer.
4. A bare reading of F.I.R. and report under section 173, Cr.P.C. reveals that no offence as mentioned in the F.I.R. is made out even from the evidence of the cases. It is notable that on one side in report under section 173, Cr.P.C. it is being at alleged that relevant degrees of petitioners are to be sent to England Embassy for verification and clarification while on the other hand the petitioners have been challaned under section 420, P.P.C. in advance without any basis and clarification from British Embassy. The assertion of police regarding cheating is absolutely baseless and vague as not a single person from public has been cited as prosecution witness who has been cheated.
5. This being so, I have no hesitation in holding that registration of F.I.R. No.59, dated 30-1-1995 is result of mala fides on the part of the police and as such the same is hereby quashed.
6. Before parting with this order, I am constrained to observe that the prosecution witnesses mentioned in the report under section 173, Cr.P.C. seem to be well-organized gang of blackmailors; who deserve to be dealt with severely under the law; as yet I have to come across such an F.I.R. under section 420, P.P.C. read with 16 M.P.O. and 24 Drug Act, 1976. The petitioners are being harassed by the local police in connivance with the gang as is evident from another F.I.R. No.210, dated 25-11-1993 under section 506, P.P.C. read with section 25 Telegraph Act registered with Police Station Kotwali, Faisalabad.
7. A copy of this order be forwarded to the Chief Secretary, Government of the Punjab and Inspector-General of Police, Punjab for immediate necessary action against the culprits/gang who have made, the life of petitioners miserable. To protect the life, honour and liberty of the citizens is the duty of the State. N.H.Q./E-29/L F.I.R. quashed.