2007 PLP 1149 (YLR)
ALI AMMAR and another — Petitioners Versus THE STATE and 2 others — Respondents
| Citation | 2007 PLP 1149 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Syed Shabbar Raza Rizvi, J |
| Parties | ALI AMMAR and another — Petitioners Versus THE STATE and 2 others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) |
Q1: What are the key laws and sections cited in 2007 PLP 1149 (YLR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1149 (YLR)?
The case was heard and decided by the Lahore bench comprising: Syed Shabbar Raza Rizvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1149 (YLR) (ALI AMMAR and another — Petitioners Versus THE STATE and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Kazim Khan for Petitioner.
- 3. The learned Additional Advocate-General, Punjab after consulting the record and seeking instructions agreed with the contention of the learned counsel for the petitioners. The fact of cancellation of the F.I.R. is also reflected in order of the learned Additional Sessions Judge, Daska, dated 31-8-2004.
Headnotes / Summary
S.10
Police Rules, 1934, R.25.2
Constitution of Pakistan (1973), Art. 199
Quashing of F. I. R.
Constitutional petition
Petitioners stated that all concerned police officers had already recommended cancellation of F.I.R.; Magistrate had also. passed order of cancellation of F.I.R. and that after order of cancellation passed by the Magistrate, said F.I.R. could not be re-investigated
Fact of cancellation of F.I.R. was also reflected in the order of Addl. Sessions Judge
F.I.R., was quashed in circumstances.
S. 156-Re-investigation-Repeated investigations were disapproved and disliked by the superior courts
Satisfaction of the parties in the investigation was not necessary
Investigating Officer, had to collect material during the course of investigation and if during investigation no incriminating material was collected by Investigating Officer or there was no evidence against accused, Investigating Officer would report accordingly
Rule 25.2 of Police Rules, 1934 also demanded from concerned Police Authorities that through the investigation they should try to discover the truth and also to save innocent persons from the disgrace of investigation and trial. Khizar Hayat v. IGP, PLD 2005 Lah. 470 ref. Ch. Khurshid Anwar Bhinder, Addl. A.-G. for the State. Muhammad Ilyas, A.S.-I.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The petitioners filed this writ petition for quashment of F.I.R. No.353 of 2004, dated 14-7-2004, under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 Police Station Sambarial, District Sialkot.
2. According to the learned counsel for the petitioners all the concerned police officers have already recommended cancellation of the said F.I.R. The learned Magistrate also passed order of cancellation vide his order dated 11-6-2005, therefore, after order of cancellation passed by the Magistrate, the said F.I.R. cannot be re-investigated.
3. The learned Additional Advocate-General, Punjab after consulting the record and seeking instructions agreed with the contention of the learned counsel for the petitioners. The fact of cancellation of the F.I.R. is also reflected in order of the learned Additional Sessions Judge, Daska, dated 31-8-2004.
4. Repeated investigations, are disapproved and disliked by our Superior Courts. This Court has already observed in a Full Bench judgment that satisfaction of the parties in the investigation is not necessary, the I.O. has to collect material during the course of investigation and if during the investigation, no incriminating material could be collected by the I.O. or there is no evidence against the accused, the I.O. will report accordingly. According to the Court, truth and justice are becoming more and more subjective in our society and machinery of criminal law with its coercive process increasingly is being utilized by motivated persons or parties for achieving objectives which are self-serving. (Khizar Hayat v. I.-G.P. PLD 2005 Lahore 470). Even otherwise, rule 25.2 of Police Rules, 1934 also demand from the concerned police authorities that through the investigation they should try to discover the truth and also to save innocent persons from the disgrace of investigation and trial.
5. This writ petition is allowed, as a consequence of the same F.I.R. No.353 of 2004, dated 14-7-2004, Police Station Sambrial, District Sialkot is quashed. H.B.T./A-116/L F.I.R. Quashed.