2006 PLP 294 (MLD)
RASHEED AHMED-Petitioner Versus DISTRICT POLICE OFFICER, LODHRAN and 3 others — Respondents
| Citation | 2006 PLP 294 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | RASHEED AHMED-Petitioner Versus DISTRICT POLICE OFFICER, LODHRAN and 3 others — Respondents |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) |
Q1: What are the key laws and sections cited in 2006 PLP 294 (MLD)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 294 (MLD)?
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: 2006 PLP 294 (MLD) (RASHEED AHMED-Petitioner Versus DISTRICT POLICE OFFICER, LODHRAN and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.11
Penal Code (XLV of 1860), S.380
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Quashing of FIR.-Investigation in the case had not been completed, because accused had not joined the same despite the fact that case was registered more than three months back
Such was too early a stage for quashing of F.I.R.
Practice of approaching High Court for quashing of F.I.R. at initial stage had been disapproved by the Supreme Court
High Court could not assume the role of investigator
Petition for quashing F.I.R., was dismissed, in circumstances.
Judgment & Decree
MUHAMMAD NAWAZ BHATTI, J.
Through this petition, the petitioner has sought quashment of case F.I.R. No.122 dated 16-7-2005 registered under Section 11 of the Office of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 380 P.P.C. at P.S. Jalla Arain District Ladhran.
2. Learned counsel for the petition has contended that the allegations levelled in the F.I.R. are absolutely incorrect and fabricated; that the complainant in connivance with the Investigating Officer under the influence of the local political figures concocted the story of abduction of Mst. Kubra; that in fact Mst. Kubra daughter of the complainant being sui juris entered into the contract of marriage with the petitioner with her free-will and in this regard a Nikahnama dated 12-7-2005 has been placed on file as Annexure B.
3. The learned A.A.-G. on instructions states that the alleged occurrence has been supported by the P.Ws. namely Javed son of Ch. Muhammad Yousaf and Saeed Khan son of Manzoor Khan; that according to the investigation conducted by the S.-I. present in Court, evidence has been collected against Haji Nikki and Rasheed alias Sheeda present petitioner and that the accused have not joined the investigation.
4. Arguments heard. Record perused.
5. The instant case was registered on 16-7-2005 and the investigation in this case has not been completed so far because the petitioner had not joined the investigation, therefore, this is an early stage of quashment of the said F.I.R. Even the practice of approaching this Court for the quashment of F.I.R. at initial stage has been deprecated by the august Supreme Court of Pakistan. Reliance is placed upon (PLD 1981 SC 107) and (1971 SCMR 698). It has also been held in Brig (Retd.) Imitaz Ahmad v. Government of Pakistan and others (1994 CMR 2142) that High Court cannot assume the role of investigator.
6. In view of the above circumstances, I find no force in the contentions of learned counsel for the petitioner and dismiss the writ petition. H.B.T./R-177/L?????????????????????????????????????????????????????????????????????????????????? Petition dismissed.