2007 PLP 3200 (YLR)
MUHAMMAD HANIF — Petitioner Versus THE STATE and 4 others — Respondents
| Citation | 2007 PLP 3200 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Jehangir Arshad, J |
| Parties | MUHAMMAD HANIF — Petitioner Versus THE STATE and 4 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2007 PLP 3200 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 3200 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Jehangir Arshad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3200 (YLR) (MUHAMMAD HANIF — Petitioner Versus THE STATE and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Arif Alvi for Petitioner.
- Altaf Ibrahim Qureshi for Respondents Nos. 2 to 5.
- MUHAMMAD JEHANGIR ARSHAD, J.---The petitioner who is a complainant in case F.I.R. No.350/03 dated 30-12-2003 under Section 377 P.P.C. read with Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 registered with police station Gaggo District Vehari is aggrieved of the order passed by Additional Session Judge, Burewala, whereby application moved by him for re-summoning of the witnesses was turned down by the learned Additional Sessions Judge on 5-10-2005. On 12-10-2005 when this petition came up for hearing pre-admission notice to respondents Nos.2 to 5 were ordered to be issued and it was directed that Mr. Abdul Razzak Solehria Advocate, Burewala shall also appear in person to explain the position. It was further directed that D.D.A, who appeared before Mr. Muhammad Ashraf Gill, Additional Sessions Judge, Burewala on 2-4-2005 shall also appear on the said `date. On 12-10-2005 request for dispensing with the appearance of Mr. Abdul Razzak Solehria Advocate .was made as, according to the learned counsel, Mr. Abdul Razzak Solehria Advocate was unable to move on account of fracture in his leg. Even otherwise in view of the order propose to pass in this petition his appearance is no more required. Mr. Anwar Ali, D.D.A. appeared on 25-10-2005 end case was adjourned for 26-10-2005, he is also present today.
- 2. On 25-10-2005 an objection about the maintainability of this petition before this Court was raised by Mr. Altaf Ibrahim Qureshi Advocate, learned counsel for respondents Nos.2 to 5 on the ground that as this court has got no jurisdiction to entertain this petition in view of inclusion
Headnotes / Summary
S.377
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12-- Constitution of Pakistan (1973), Art.203-A
Criminal Procedure Code (V of 1898), S.561-A
Petition under S.561-A, Cr. P. C.
Article 203-A of the Constitution hid exclusively barred High Court to entertain any proceedings or exercise any powers or jurisdiction- in respect of matters exclusively falling within the jurisdiction of the Federal Shariat Court
Petition was not maintainable before High Court being barred by Article 203-A of the Constitution and the same was accordingly disposed of being incompetent
Petitioner, if so advised, could approach the Federal Shariat Court to seek redressal of his grievance. Dr. Munawar Hussain v. Dr. Muhammad Khan, District Health Officer, Sargodha and 2 others 2004 SCMR 1462; Mst. Sarwar Jan v: Ayub and another 1995 SCMR 1679 and Muhammad Aslam and another v. State 2004 YLR 2021 ref. A.D. Malik for the State. Anwar Ali, D.D.A.
Judgment & Decree
MUHAMMAD JEHANGIR ARSHAD, J.
The petitioner who is a complainant in case F.I.R. No.350/03 dated 30-12-2003 under Section 377 P.P.C. read with Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 registered with police station Gaggo District Vehari is aggrieved of the order passed by Additional Session Judge, Burewala, whereby application moved by him for re-summoning of the witnesses was turned down by the learned Additional Sessions Judge on 5-10-2005. On 12-10-2005 when this petition came up for hearing pre-admission notice to respondents Nos.2 to 5 were ordered to be issued and it was directed that Mr. Abdul Razzak Solehria Advocate, Burewala shall also appear in person to explain the position. It was further directed that D.D.A, who appeared before Mr. Muhammad Ashraf Gill, Additional Sessions Judge, Burewala on 2-4-2005 shall also appear on the said `date. On 12-10-2005 request for dispensing with the appearance of Mr. Abdul Razzak Solehria Advocate .was made as, according to the learned counsel, Mr. Abdul Razzak Solehria Advocate was unable to move on account of fracture in his leg. Even otherwise in view of the order propose to pass in this petition his appearance is no more required. Mr. Anwar Ali, D.D.A. appeared on 25-10-2005 end case was adjourned for 26-10-2005, he is also present today.
2. On 25-10-2005 an objection about the maintainability of this petition before this Court was raised by Mr. Altaf Ibrahim Qureshi Advocate, learned counsel for respondents Nos.2 to 5 on the ground that as this court has got no jurisdiction to entertain this petition in view of inclusion