YLR 2005

2005 PLP 1345 (YLR)

MUHAMMAD KARAMAT SUBHANI NAQSHBANDI — Petitioner Versus STATION HOUSE OFFICER and 2 others — Respondents

Jurisdiction / Court
Lahore
Decided Date
Writ Petition No.3785 of 2005, decided on 15th March, 2005.
Honorable Judges
M. Bilal Khan, J
Case Reference Summary (AEO Optimized)
Citation 2005 PLP 1345 (YLR)
Forum / Court Lahore
Bench Members M. Bilal Khan, J
Parties MUHAMMAD KARAMAT SUBHANI NAQSHBANDI — Petitioner Versus STATION HOUSE OFFICER and 2 others — Respondents
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2005 PLP 1345 (YLR)?

This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2005 PLP 1345 (YLR)?

The case was heard and decided by the Lahore bench comprising: M. Bilal Khan, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2005 PLP 1345 (YLR) (MUHAMMAD KARAMAT SUBHANI NAQSHBANDI — Petitioner Versus STATION HOUSE OFFICER and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • Mushtaq Ahmad Qureshi for Petitioner.

Headnotes / Summary

S.365

Constitution of Pakistan (1973), Art.199

Constitutional petition

Quashing of F.I.R.

Petitioner had sought quashing of F.I.R. registered at the police station for an offence under S.365, P.P.C. at the instance of father of the petitioner

Said F.I.R. contained allegation about abduction of petitioner

Petitioner had stated that he had not been abducted and that contents of F.I.R. were not correct

On a previous occasion too petitioner had moved Constitutional petition seeking same relief and High Court disposed of said petition directing Investigating Officer to faithfully record statement of petitioner and to conduct investigation strictly in accordance with law

Petitioner had complained that despite statement of petitioner, S.H.O. concerned had not proceeded to cancel case, which should have been the logical consequence after petitioner had refuted allegations in F.I.R.

None of persons against whom F.I.R. in question had been registered, ever turned up to seek requisite relief

If petitioner, as claimed by him, had never been abducted and his statement to that effect had been recorded by Investigating Officer, then he was left with no grievance and there was no logic in his coming to the Court, time and again, seeking cancellation of case

Even otherwise petitioner had the audacity of trumpeting the character of his own sister

Conduct exhibited by petitioner had shown the depravity of his own character

Demeanor of petitioner and the way petitioner was conducting himself was a direct affront to the sacred teaching of Islam

Petition which appeared to be manipulated, was dismissed, in circumstances. Ch. Aamir Rehman, Addl. A.-G. (On Court's Call).

Judgment & Decree

Muhammad Karamat Subhani, the petitioner, by filing this Constitutional petition, seeks quashing of F.I.R. No.120, dated 18-2-2005, registered at Police Station, Kahna, District, Lahore for an offence under section 365, P.P.C. at the instance of Muhammad Hanif alias Bhola son of Umar Din, the father of the petitioner.

2. The F.I.R. contained allegation about the alleged abduction of the petitioner. It is stated that the petitioner had not been abducted and that the contents of the F.I.R. were not correct. On a previous occasion, too, the petitioner had moved Writ Petition No.3204 of 2005 seeking same relief. However, vide order dated 4-3-2005, this Court while disposing of the said writ petition had directed the Investigating Officer to faithfully record the statement of the petitioner and conduct investigation strictly in accordance with law.

3. It is now complained that despite recording the statement of the petitioner, the S.H.O. had not proceeded to cancel the case, which according to the learned counsel, should have been the logical consequence after the petitioner had refuted the allegations in the F.I.R.

4. While dealing with Writ Petition No.3204 of 2005, I had some doubts about the antecedents of the petitioner and even today I expressed my reservations about his credentials and asked the learned counsel as to how the petitioner, who claims himself to be a self-righteous and pious person has been filing petitions, one after the other against his won parents. The documents attached with the instant petition also reveal that apart from filing this writ petition, the petitioner has been filing petitions against her mother to the Court of Session. One such petition is dated 6-5-2003 and is annex 'C' with this petition. I have got no doubt in my mind that it is someone else, who is pulling the strings and the petitioner, who is a boy of impressionable age, is being exploited. It is surprising that none of the persons against whom the F.I.R. in question had been registered ever turned up to seek the requisite relief. If the petitioner, as claimed by him, had never been abducted and his statement to this effect had been recorded by the Investigating Officer, then he is left with no grievance and there is no logic in his coming to the Court time and again seeking cancellation of the case. Even otherwise, the petitioner has the audacity of tarnishing the character of his own sisters and has placed, as annex 'B', a clipping from a newspaper wherein a woman alleged to be his sister has been shown in different enticing postures. It does not behove a person, who has been trumpeting about his piety and godliness to malign and blacken the names of the people left, right and center including his own real sisters, mother and father. Thus the conduct exhibited by the petitioner shows the depravity of his own character inasmuch as the religion of Islam ordains the children to show undiluted fidelity and loyalty towards their parents. Unfortunately the demeanor of the petitioner and the way he is conducting himself is a direct affront to the sacred teachings of Islam.

5. As already stated, this petition appears to be manipulated and the same is accordingly dismissed in limine. H.B.T./M-949/L Petition dismissed.