2008 PLP 1507 (YLR)
AMJAD SHAH — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION SUKHEKI and another — Respondents
| Citation | 2008 PLP 1507 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ali Nawaz Chowhan, J |
| Parties | AMJAD SHAH — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION SUKHEKI and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 1507 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1507 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1507 (YLR) (AMJAD SHAH — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION SUKHEKI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Faizul Hassan for Petitioner.
Headnotes / Summary
S.363
Constitution of Pakistan (1973), Art.199
Constitutional petition
Mens rea, attributed to father for abduction of his children
No mens rea could be attributed to father for the abduction of his children
Father being the natural guardian, case under provisions of S.363 P.P.C. was not maintainable against him
Petitioner could move for bail
No further action would be taken against him. Ch. Ijaz Akbar for the Complainant.
Judgment & Decree
Ali NAWAZ CHOWHAN, J.--The matter pertains to case F.I.R. No.424/2004 dated 3-9-2004, registered under section 363, P.P.C. at Police Station Sukhayki, Distt, Hafizabad.
2. The petitioner in this case is also an accused in the said F.I.R. and he is father of the alleged abductees. The question is whether an F.I.R. under such offence against the father is maintainable in law.
3. There is a consensus on the basis of case-laws that no mens rea can be attributed to the father for the abduction of his children. He being the natural guardian, the case under the provisions of section 363, P.P.C. is not maintainable against him. The I.O. in this case appeared yesterday and undertook to move for cancellation of the F.I.R.
4. There is another dimension of the case that a sucking child along with other two children were taken away forcibly by the father, who is willing to hand over a suckling child to the mother. If he does so, he shall report the I.O. and the I.O. shall complete the formalities for the cancellation purposes. This matter ends so far as the present lis is concerned.
5. This being the position, the petitioner may move for bail with respect to his father, which is stated to be pending before the Magistrate. The Magistrate is directed to dispose of the bail in view of this order by tomorrow morning. In the meanwhile, until the I.O. acts what he committed before this Court. No further action shall be taken against the F.I.R. Disposed of. Copy Dasti. H.B.T./A-9/L Order accordingly.