2001 P Cr (PLP)
HUSSAIN MASIH and another‑‑‑Petitioners Versus SENIOR SUPERINTENDENT OF POLICE,
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif and, |
| Parties | HUSSAIN MASIH and another‑‑‑Petitioners Versus SENIOR SUPERINTENDENT OF POLICE, |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif and,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (HUSSAIN MASIH and another‑‑‑Petitioners Versus SENIOR SUPERINTENDENT OF POLICE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Perwaiz Aslam Chaudhry for Petitioners.
Headnotes / Summary
‑‑‑‑Ss. 295‑B/295‑C/34/109‑‑‑Criminal Procedure Code (V of 1898), S.561‑A‑‑‑Quashing of F.I.R.‑‑‑Nobody had admittedly seen the accused throwing the burnt pieces of the Holy Qur'an into the house of the complainant‑‑‑No evidence, whatsoever, was available on the record to link the accused with the commission of the offence‑‑‑Offence though was heinous, yet the Additional Advocate‑General after going through the judicial record was unable to support the prosecution case‑‑‑Conviction of accused in the case by the Trial Court was not probable ‑‑‑F.I.R. registered against the accused was quashed in circumstances. Muhammad Hanif Khatana, Addl. A.‑G. for the State.
Judgment & Decree
Perwaiz Aslam Chaudhry for Petitioners. Muhammad Hanif Khatana, Addl. A.‑G. for the State. This is a petition for quashment of case F.I.R. No.523 of .1999, under sections 295‑B/295‑C read with section 109, P.P.C., registered at Police Station Alipur Chatha, District Gujranwala on 25‑11‑1999 on the statement of Ijaz Ahmad.
2. According to the first information' report, which was lodged through complaint before S.H.O., Police Station Alipur Chatha, Ijaz Ahmad had stated that at Fajarwela on the day of occurrence, some burnt pieces of Holy Qur'an were present in the courtyard of his house and some derogatory remarks were also written against the Prophet (peace be‑ upon him). He further stated in that complaint that Issac Masih and his father Hussain Masih had got a house adjacent to his house. According to him, he was sure that these papers were thrown in his house by the abovesaid two persons on the abetment of Sehar Ghori son of Barkat Masih.
3. Learned counsel for the petitioners submits that there is no evidence on the record whatsoever against the petitioners; that no case is made out against the petitioners; and that they have been falsely implicated in this case.
4. Learned Additional Advocate‑General after going through the judicial record submits that although the offence is heinous, but he is unable to support the prosecution case. There is no evidence against the petitioners. Even there is‑ no eye‑witness in the case, who had seen throwing the abovesaid burnt pieces of Holy Qur'an into house of the complainant.
5. After hearing both the parties, we are of the considered opinion that there is no probability 6f the petitioners to be convicted by the trial Court. In l this view of the matter, this petition is accepted and the instant F.I.R.. is quashed.
6. It is observed that this order shall not be published in any newspaper and secondly as requested by the learned Additional Advocate‑General, the objectionable material on record of this case either be thrown in the river or be buried. N.H.Q./H‑30/L F.I.R. quashed.