2000 PLP 983 (MLD)
WASIF ALI AZIZ alias NANHA and anothers‑‑‑Petitioners Versus S.H.O., POLICE STATION CHAK BAIDI and another‑‑‑Respondents
| Citation | 2000 PLP 983 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa, J |
| Parties | WASIF ALI AZIZ alias NANHA and anothers‑‑‑Petitioners Versus S.H.O., POLICE STATION CHAK BAIDI and another‑‑‑Respondents |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 2000 PLP 983 (MLD)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 983 (MLD)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 983 (MLD) (WASIF ALI AZIZ alias NANHA and anothers‑‑‑Petitioners Versus S.H.O., POLICE STATION CHAK BAIDI and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S. 16/10‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑‑Quashing of F.I.R.‑‑‑Accused had sought cancellation of the F.I.R. on the basis of their being husband and wife and the same being mala fide‑‑‑Case was still at the investigation stage and High Court could not undertake a factual inquiry into the allegations levelled against the accused by the prosecution ‑‑‑Accused were directed to join police investigation‑‑ Investigating Officer was also directed to record the version of the accused, receive their evidence, get their statements recorded under 5.164, Cr.P.C. and to .investigate the matter justly, fairly and strictly in accordance with law‑‑‑Superintendent of Police was further directed to ensure that the investigation in the case was carried out free from all extraneous influences according to the dictates of justice‑‑‑Constitutional petition was disposed of with the said directions. Malik Muhammad Shabbir Langrial, Advocate.
Judgment & Decree
Civil Miscellaneous No. 1 of 1999 Allowed subject to all just and legal exceptions. Disposed of. Writ Petition No. 1721 of 1999
2. Through this Constitutional petition the petitioners have sought quashment of F.I.R. No.50 registered at. Police Station Chak Baidi, District Pakpattan Sharif on 13‑2‑1999 for offences under section 16/10 of the Offence of Zina (Enforcement Hudood) Ordinance, 1979.
3. It is maintained by the learned counsel for the petitioners that petitioners Nos. 1 and 2 got married to each other on 21‑7‑1998 of their free will and volition and that petitioner No.2 had not been abducted/enticed away by petitioner No. l or, anybody else. It is also maintained that the petitioner No.2 was previously married to one Ali Sher is factually baseless. It has also been argued that the history of litigation before the learned Family Court belies the allegations contained in the F.I.R. The learned counsel for the petitioners has forcefully stated that the F.I.R. in question is based upon distorted facts, fabricated evidence and sheer mala fide on the part of the local police as well as the complainant party.
4. It is not disputed that the said F.I.R is still at its investigation stage. At such a premature stage this Court finds itself ill‑equipped to undertake a factual inquiry so as to unearth the true facts or to opine about credibility of the prosecution on allegation. It shall be appropriate if the petitioners approach the Investigating Officer of this case who is hereby directed to, record the version of the petitioners, receive their evidence on the record of the investigation, get the statement of petitioner No.2 recorded under section, 164, Cr.P.C., and to investigate the matter justly, fairly and strictly in accordance with law
5. The Superintendent of Police, Pakpattan Sharif is hereby directed to supervise the investigation of this case as the allegation levelled by the petitioners is that the political big‑wigs of the area are influencing the investigation of this case. The Superintendent of Police shall ensure that the investigation of this case is carried out free from all extraneous influences and strictly in accordance with law and the dictates of justice. With these directions and observations this petition is hereby disposed of. N.H.Q./W‑7/L Order accordingly.