1995 PLP 1455 (MLD)
SHAHADAT ALI ‑‑‑Petitioner Versus THE STATE and others‑‑‑Respondents
| Citation | 1995 PLP 1455 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Karamat Nazir Bhandari, J |
| Parties | SHAHADAT ALI ‑‑‑Petitioner Versus THE STATE and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 1455 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 1455 (MLD)?
The case was heard and decided by the Lahore bench comprising: Karamat Nazir Bhandari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1455 (MLD) (SHAHADAT ALI ‑‑‑Petitioner Versus THE STATE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir Hussain Naqvi for Petitioner.
- Date of hearing: 2nd October, 1994.
Headnotes / Summary
‑‑‑‑S.354/452‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑ ‑Quashing of F.I.R.‑‑‑Quashing of the case registered against the accused was sought on pure factual grounds‑‑‑Adjudication of such a controversy was not permissible in extraordinary Constitutional jurisdiction without any evidence on record‑‑‑High Court's function was not to oversee the correctness or otherwise of the police investigation and the accused were to face the process of law by appearing before the Trial Court and defending themselves‑‑‑Substituted remedy of Art. 199 of the Constitution could not be extended to accused in the absence of any legal or jurisdictional objection‑ Constitutional petition was dismissed in circumstances.
Judgment & Decree
Munir Hussain Naqvi for Petitioner. Date of hearing: 2nd October, 1994. F.I.R. No. 251 of 1994 was registered at Police Station, Manghtanwala, District Sheikhupura, on 28‑8‑1994 under section 18 of the Ordinance No. 7 of 1979, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 against Javed Iqbal and his grandfather Sohna. The F.I.R. was lodged by Mst. Sahib Bibi who stated that on 15‑8‑1994 when she was alone the two accused approached her and attempted to commit Zina upon her by using of force and by throwing her on the ground. Her clothes were torn out and her Azarband also untied. On raising of cries the witnesses were attracted to the spot and upon seeing them the two accused ran away.
2. By way of this Constitutional petition, Shahadat father of Javed Iqbal seeks quashment of aforesaid‑F.I.R. on the ground that no such occurrence ever took place and in any case Sohna accused being paternal father of Javed accused. It is highly unnatural that such an occurrence could have happened at the hands of the grandfather and grandson.
3. Muhammad Akram, A.S.I. who has investigated the case has stated that according to his investigation, the occurrence did take place and that under orders of the superior Police Officers the accusation has been changed to one under section 354/452, P.P.C. He also states that the challan is ready to be submitted in the competent Court.
4. The quashment is being sought on pure factual grounds. Without any evidence on record, it is not permissible to adjudicate such a controversy in the extraordinary Constitutional jurisdiction. It is also not the function of this Court to oversee the correctness or otherwise of the police investigation, The accused have to face the process of law by appearing before the trial Court and defending themselves and the substituted remedy of Article 199 of the Constitution cannot be extended to them, in "the absence of any legal or jurisdictional objection.
5. For what has been stated above, this writ petition is dismissed without any order as to costs. Needless to add that the petitioners or the accused will 8 have the remedy of seeking acquittal under section 249‑A, Cr.P.C. if sod advised. N.H.Q./S‑696/L Petition dismissed.