PCRLJ 1995

1995 P Cr (PLP)

MUHAMMAD ASHRAF SHAKAR — Petitioner Versus S.H.O., POLICE STATION HUJRA SHAH MUQEEM and another — Respondents

Jurisdiction / Court
Lahore
Decided Date
21stMarch, 1995
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1995 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties MUHAMMAD ASHRAF SHAKAR — Petitioner Versus S.H.O., POLICE STATION HUJRA SHAH MUQEEM and another — Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1995 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: N/A.

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

Cite this legal precedent as: 1995 P Cr (PLP) (MUHAMMAD ASHRAF SHAKAR — Petitioner Versus S.H.O., POLICE STATION HUJRA SHAH MUQEEM and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Ch. Nazir Muhammad for Petitioner.
  • Farooq Bedar, Addl. A.-G. for Respondent No.1.

Headnotes / Summary

S. 491

Constitution of Pakistan (1973), Art. 199

Habeas corpus petition

Petitioner's wife, the alleged detenu was admittedly residing with her parents and the custody of real father could not be termed as illegal

Police could not be directed to raid at the house of father and produce his daughter before the Court

Petitioner, if aggrieved, could file a suit for restitution of conjugal rights where his wife could appear and make a statement

Habeas corpus petition was dismissed in limine accordingly.

Judgment & Decree

According to own admission of the petitioner, Mst. Sajida Yasmin, the alleged detenue, is residing with her parents. The custody of real father cannot be termed to be illegal. I am not minded to direct the S.H.O. to raid at the house of father and produce her daughter before this Court. The insult which a family earns when a Police Officer/official raids at the house of respectable citizen cannot be imagined. The petitioner, if has any grievance, he may file a suit for restitution of conjugal rights where the lady will very much appear and her statement may be recorded. In the above circumstances, I find no justification to issue the writ prayed for. Dismissed in limine. N.H.Q./M-2093/L Petition dismissed.