1994 P Cr (PLP)
MUHAMMAD ASHAD and others — Petitioners Versus THE STATE — Respondent
| Citation | 1994 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ASHAD and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 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: 1994 P Cr (PLP) (MUHAMMAD ASHAD and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Azam Rasul for Petitioners.
Headnotes / Summary
S. 497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11
Both the male and female accused claimed to have entered into Nikah duly registered in accordance with law
Question whether accused in the circumstances were guilty of the offences charged called for further enquiry under S.497(2), Cr.P.C.
Accused were neither previous convicts nor hardened criminals and were no longer required by Police
Accused were allowed bail accordingly.
S. 497/498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11
Nikah claimed by both male and female accused
In the event of Nikah being claimed by both the parties, full recognition has to be given to the marriage between them.
Judgment & Decree
(b) Criminal Procedure Code (V of 1898)
S. 497/498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11
Nikah claimed by both male and female accused
In the event of Nikah being claimed by both the parties, full recognition has to be given to the marriage between them. Malik Muhammad Azam Rasul for Petitioners. Masood Sadiq Mirza for the State. Date of hearing: 1st February, 1994. The petitioners are accused of offences under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No.195, dated 25-10-1993 registered at Police Station Saddar, Toba Tek Singh.
2. The learned counsel for the petitioners and the State were heard in respect of the contentions raised herein. It was confirmed on behalf of the State that both the petitioners clam to have entered into a Nikah duly registered in accordance with law at Gojra on 26-10-1993. Therefore, whether or not, both the petitioners are guilty of the offences alleged call for further i inquiry under the provisions of subsection (2) of section 497, Cr.P.C.' Furthermore, without commenting on the merits of the case, it may be observed that it is an established principle of, law as repeatedly laid down by the superior Courts, that in the event of Nikah being claimed by both the parties concerned, full recognition has to be given to the marriage between the said parties. It was further confirmed on behalf of the State that both the i petitioners are neither previous convicts nor hardened criminals and that they are no longer required by the police. I
3. Therefore, the petitioners are hereby allowed bail in the sum of Rs.30,000 each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Toba Tek Singh. N.H.Q./M-1665/L Bail allowed.