PCRLJ 1989

1989 P Cr (PLP)

Mst. MARRIAM Applicant Versus THE STATE‑‑Respondent

Jurisdiction / Court
Karachi
Decided Date
Criminal Miscellaneous Application No. 167 of 1988, decided on 23rd May, 1988.
Honorable Judges
Ajmal Mian and Abdul Rasool Agha, JJ
Case Reference Summary (AEO Optimized)
Citation 1989 P Cr (PLP)
Forum / Court Karachi
Bench Members Ajmal Mian and Abdul Rasool Agha, JJ
Parties Mst. MARRIAM Applicant Versus THE STATE‑‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: Ajmal Mian and Abdul Rasool Agha, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 P Cr (PLP) (Mst. MARRIAM Applicant Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Date of hearing: 23rd May, 1988.

Headnotes / Summary

Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S. 491‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). Ss.11 & 16‑‑Applicant, a 25 years old woman, having embraced Islam of her own free will was allegedly involved in offence under Ordinance VII of 1979 ‑Contention that the case had been disposed of on basis of statement of applicant recorded under S.164, Cr.P.C.‑‑Applicant allowed to go wherever she wished leaving police at liberty to take whatever legal action in the said criminal case. Muhammad Ashraf Leghari for Applicant. Abdur Rahim A. Qazi, AA.‑G. for the State.

Judgment & Decree

Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S. 491‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). Ss.11 & 16‑‑Applicant, a 25 years old woman, having embraced Islam of her own free will was allegedly involved in offence under Ordinance VII of 1979 ‑Contention that the case had been disposed of on basis of statement of applicant recorded under S.164, Cr.P.C.‑‑Applicant allowed to go wherever she wished leaving police at liberty to take whatever legal action in the said criminal case. Muhammad Ashraf Leghari for Applicant. Abdur Rahim A. Qazi, AA.‑G. for the State. Date of hearing: 23rd May, 1988. AJMAL MIAN, J.‑‑ This is an application under section 491, Cr.P.C. filed by Mst. Marriam daughter of Bacho previously known as Mst. Lachmi. We have examined her today in the Court. She has stated that she has embraced Islam 4/5 months back on her own free will. She wishes to go to one Yousuf Leghari whom she has adopted as her father after conversion This file has been received from the Hyderabad Circuit. Mr. Kazi, learned A.A.‑G. has submitted that according to the papers available with him she was a co‑accused in a case registered under section 11/16 of Zina (Enforcement of Hudood) Ordinance, 1979 Whereas according to Mr. Muhammad Ashraf Leghari, learned counsel for the applicant the above case has been disposed of on the basis of the statement of, the applicant recorded under section 164, Cr.P.C. Be that as it may, from her appearance she appears to be 25 years of age as stated by her, therefore, we would order that respondent No.2 would allow her to go wherever she wishes to go. However, it will be open to the police to take whatever legal action in the above criminal case or any other criminal case if it is still pending against the applicant. M.Y.H./M‑627/M Application allowed.