1993 PLP 1409 (MLD)
ASLAM and 9 others — Petitioners Versus THE STATION HOUSE OFFICER, POLICE STATION BHARWANA, DISTT. JHANG and another — Respondents
| Citation | 1993 PLP 1409 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ASLAM and 9 others — Petitioners Versus THE STATION HOUSE OFFICER, POLICE STATION BHARWANA, DISTT. JHANG and another — Respondents |
Q1: What are the key laws and sections cited in 1993 PLP 1409 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1409 (MLD)?
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: 1993 PLP 1409 (MLD) (ASLAM and 9 others — Petitioners Versus THE STATION HOUSE OFFICER, POLICE STATION BHARWANA, DISTT. JHANG and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Qazi Muhammad Saleem for Petitioner.
- Samad Hashmi for Respondents.
- Learned counsel contends with vehemence that Falak Sher petitioner No.9 and Mst. Kalsoom Bibi are a married couple. In this behalf reliance has been placed by the learned counsel on the Nikahnama, Annexure `B' having been executed by the couple on 16-8-1990. Learned counsel contends that in view of a valid Nikahnama, no criminal case can be registered against the petitioners. An objection has been raised by the learned Law Officer that validity or otherwise of the Nikahnama Annexure `B' is still to be determined by the Investigating Officer. In the circumstances a direction is issued to the Police Officer to verify the correctness or otherwise of the Nikahnama, Annexure `B'. In case he comes to the conclusion that Falak Sher and Kalsoom Bibi are husband and wife as a result of a valid Nikahnama having been executed by them. He will proceed to cancel the case against them. The investigation of the case shall be concluded by the Investigating Officer within next seven days and compliance report shall be submitted to this Court through the learned Additional Advocate-General. With these observations this petition stands disposed of. In view of the disposal of the main petition, C.M, No.1/1991 does not arise and as such the same is also disposed of.
Headnotes / Summary
S.561-A
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16
Quashment of F.I.R.
Accused prayed for quashing of F.I.R. against them contending that in view of valid Nikahnama, duly executed between parties no criminal case could be registered against them
Opposing party on other side contended that validity or otherwise of disputed Nikahnama, was still to be determined by Investigating Officer
Direction was issued by High Court to Police Officer to verify correctness or otherwise of Nikahnama and in case Police Officer came to the conclusion that parties were husband and wife as a result of a valid Nikahnama he would proceed to cancel the case against accused.
Judgment & Decree
S.561-A
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16
Quashment of F.I.R.
Accused prayed for quashing of F.I.R. against them contending that in view of valid Nikahnama, duly executed between parties no criminal case could be registered against them
Opposing party on other side contended that validity or otherwise of disputed Nikahnama, was still to be determined by Investigating Officer
Direction was issued by High Court to Police Officer to verify correctness or otherwise of Nikahnama and in case Police Officer came to the conclusion that parties were husband and wife as a result of a valid Nikahnama he would proceed to cancel the case against accused. Qazi Muhammad Saleem for Petitioner. Farooq Bedar, Addl. A.-G. and A. Samad Hashmi for Respondents. Learned counsel contends with vehemence that Falak Sher petitioner No.9 and Mst. Kalsoom Bibi are a married couple. In this behalf reliance has been placed by the learned counsel on the Nikahnama, Annexure `B' having been executed by the couple on 16-8-1990. Learned counsel contends that in view of a valid Nikahnama, no criminal case can be registered against the petitioners. An objection has been raised by the learned Law Officer that validity or otherwise of the Nikahnama Annexure `B' is still to be determined by the Investigating Officer. In the circumstances a direction is issued to the Police Officer to verify the correctness or otherwise of the Nikahnama, Annexure `B'. In case he comes to the conclusion that Falak Sher and Kalsoom Bibi are husband and wife as a result of a valid Nikahnama having been executed by them. He will proceed to cancel the case against them. The investigation of the case shall be concluded by the Investigating Officer within next seven days and compliance report shall be submitted to this Court through the learned Additional Advocate-General. With these observations this petition stands disposed of. In view of the disposal of the main petition, C.M, No.1/1991 does not arise and as such the same is also disposed of. H.B.T./A-283/L Order accordingly.