2002 PLP 145 (YLR)
Mst. SAIMA ASHRAF — Petitioner Versus S.H.O. and another — Respondents
| Citation | 2002 PLP 145 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhry, J |
| Parties | Mst. SAIMA ASHRAF — Petitioner Versus S.H.O. and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2002 PLP 145 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 145 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 145 (YLR) (Mst. SAIMA ASHRAF — Petitioner Versus S.H.O. and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art.199
Ofenee of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11- Quashing of F.LR.
Petitioner had sought quashing of F.I.R. contending that she was the sui juris and had contracted marriage with her free-will and consent and had not committed any offence
Petitioner had also attached with her petition the Nikah Nama in proof of her claim
High Court could not assume the role of Investigating Officer-- Prayer of the petitioner for quashing of F.I.R. was declined by the High Court with direction to Investigating Officer to record the statement of the petitioner and her witnesses if produced before him and also receive the documentary evidence and conclude the investigation after joining both the parties without any undue harassment to any of the party within- specified time
Dispute regarding the age of the petitioner also could be settled after obtaining necessary medical evidence if so needed. Malik Muhammad Imtiaz Mahal Petitioner. Ch. Muhammad Jehangir Wahla A.A.-G. for the State.
Judgment & Decree
Art.199
Ofenee of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11- Quashing of F.LR.
Petitioner had sought quashing of F.I.R. contending that she was the sui juris and had contracted marriage with her free-will and consent and had not committed any offence
Petitioner had also attached with her petition the Nikah Nama in proof of her claim
High Court could not assume the role of Investigating Officer-- Prayer of the petitioner for quashing of F.I.R. was declined by the High Court with direction to Investigating Officer to record the statement of the petitioner and her witnesses if produced before him and also receive the documentary evidence and conclude the investigation after joining both the parties without any undue harassment to any of the party within- specified time
Dispute regarding the age of the petitioner also could be settled after obtaining necessary medical evidence if so needed. Malik Muhammad Imtiaz Mahal Petitioner. Ch. Muhammad Jehangir Wahla A.A.-G. for the State. Through this Constitutional petition the petitioner seeks quashment of F.I.R. No. 339 registered on 3-7-2001 under sections 11/7/79 Offence of Zina (Enforcement of Hadood) Ordinance, 1979 at Police Station Saddar Gujrat on the statement of Muhammad Ashraf father of the petitioner.
2. Petitioner claims that she is sui juris and has contracted marriage with her free-will and consent and has not committed any offence. She has also attached with this petition the Nikah Nama dated 19-7-2001.
3. This court cannot assume the role of Investigating Officer as has been laid down in Brig. Imtiaz's case. Hence, the prayer for the quashment of F.I.R. is declined. However, the Investigating Officer is directed to record her statement and her witnesses if produced before him and also receive the documentary evidence and conclude the investigation after joining both the parties without any undue harassment to any of the party within 30 days from the receipt of this order. The dispute regarding the age of the petitioner be settled after obtaining necessary medical evidence, if need be so.
4. With the above said directions this petition is disposed of. H.B.T./ S-343/L Order accordingly.