2008 PLP 2665 (YLR)
MUHAMMAD MUKHTAR — Petitioner Versus S.H.O. and 3 others — Respondents
| Citation | 2008 PLP 2665 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Shaheen Masud Rizvi, J |
| Parties | MUHAMMAD MUKHTAR — Petitioner Versus S.H.O. and 3 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 2665 (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 2665 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Shaheen Masud Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2665 (YLR) (MUHAMMAD MUKHTAR — Petitioner Versus S.H.O. and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Younis Sheikh for Petitioner.
- Tariq Barlas for Respondent No.2.
Headnotes / Summary
S.363
Constitution of Pakistan (1973), Art.199
Constitutional petition
Quashing of F.I.R.
Petitioner and complainant stood divorced
Application filed by petitioner under S.25 of the Guardians and Wards Act, 1890 for custody of his minor son/alleged abductee, was pending adjudication in the court of Guardian Judge-Petitioner being father of alleged abductee, who was natural guardian, himself was a legal guardian in addition to the mother/the complainant
Petitioner having filed an application under S.25 of the Guardian and Wards Act, 1890 to be appointed as the sole guardian of his son/alleged abductee, the provisions of S.363, P.P.C. were not applicable against the petitioner
F.I.R. registered against the petitioner, under S.363, P.P.C., was ordered to be quashed. Muhammad Qasim Khan, A.A.-G. Sajid Hassan, S.-I.
Judgment & Decree
SYED SHAHEEN MASUD RIZVI, J.
The petitioner has sought quashment of F.I.R. No.102, dated 14-4-2008, registered under section 363, P.P.C. at Police Station, Karam Pur, against him and two others.
2. The F.I.R. was got registered against the petitioner for the abduction of Ali Shafqat aged 7/8 years, who is his real son from the wedlock of Mst. Razia the complainant of the above mentioned case. The petitioner and Mst. Razia stand divorced.
3. The petitioner has filed an application 25 of Guardians and Wards Act for the custody of his minor son Ali Shafqat (the alleged abductee), which is pending adjudication in the Court of learned Senior Civil Judge, Khanewal.
4. The case against the petitioner and two others have been registered under section
363. For ready reference sec?tion 363, P.P.C. is reproduced below:
"Section 363, P.P.C. Punishment for kidnapping:- Whoever kidnaps any person from Pakistan or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
5. The bare perusal of the above said section reveals that the petitioner being the real father of Ali Shafqat being the natural guardian himself is a legal guardian in addition to the mother Mst. Razia Bibi the complainant of the case and moreover he has filed an application under section 25 of the Guardians and Wards Act to be appointed as the sole guardian of his son Ali Shafqat, therefore, the provisions of section 363 P.P.C. are not applicable against the petitioner.
6. Therefore, the F.I.R. No.102, dated 14-4-2008, registered under sec?tion 363, P.P.C. at Police Station Karam Pur, District Vehari, is quashed.
7. The respondent, Mst. Razia Bibi if interested to get the custody of her son Ali Shafqat can do so by appearing before the Court of learned Senior Civil Judge, Khanewal where she has been summoned through citation in the newspaper vide order, dated 24-3-2008 of the said Court in a petition filed under section 25 of the Guardians and Wards Act by the petitioner. H.B.T./M-284/L????????????????????????????????????????????????????????????????????????????????? F.I.R. quashed.