2007 P Cr (PLP)
Mst. RUKHSANA BIBI — Petitioner Versus S.H.O., POLICE STATION KAMEER and others — Respondents
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. RUKHSANA BIBI — Petitioner Versus S.H.O., POLICE STATION KAMEER and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 P Cr (PLP)?
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: 2007 P Cr (PLP) (Mst. RUKHSANA BIBI — Petitioner Versus S.H.O., POLICE STATION KAMEER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
- Mian Mahmood Rasheed for Respondent No.2.
Headnotes / Summary
Art. 199
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(2) & 16
Constitutional petition
Quashing of F.I.R.
Petitioner who appeared in person, had stated that she was neither enticed away nor taken away by accused with an intent to commit Zina with her
Relationship between husband of petitioner and herself became strained and she went to live with her relative of her own free-will--Lady was lodged in Dar-ul-Aman
Petitioner lady had also filed a suit for dissolution of marriage--Nothing had come out during investigation that offence, under S.10(2) or 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was committed
Allowing the constitutional petition, F.I.R. against petitioner was quashed by High Court.
Judgment & Decree
MUHAMMAD SAYEED AKHTAR, J.
A case stands registered against the petitioner vide F.I.R. No.75 of 2006, dated 2-3-2006 under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Kameer, District Sahiwal.
2. The facts as stated in the F.I.R. are that on 26-2-2006 the respondent No.1 had gone to Arifwala and his mother had gone to attend some funeral ceremony. His wife and sister were present in the house. The accused persons named in the F.I.R. came' on a "Dala" and informed his wife and sister that the respondent No.2 (the husband of the petitioner) had met an accident and they had come to fetch his wife/petitioner. The accused persons had abducted his wife and she also took away Rs.15,000 with her. It was further stated that the wife of the petitioner was enticed away and detained with criminal intention. Subsequently section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was also added. Learned counsel for the petitioner contends that from the bare reading of the F.I.R. no offence is made out. Seeks quashment. Conversely the learned counsel for the respondent submitted that the petitioner made a statement under section 161, Cr.P.C. admitting her guilt under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Learned A.A.-G. states that no such statement exists on the record and that apparently no case is made out under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. I have gone through the contents of the F.I.R. and considered the arguments of the learned counsel for the parties. The petitioner has appeared in person and states that she was neither enticed away or taken away by the accused with an intent to commit Zina with any person. The relationship between respondent No.2 (her husband) and herself became strained and she went to live with her relative of her own free-will. At present she is lodged in Dar-ul-Aman. She further stated that she has also filed a suit for dissolution .of the marriage. Nothing has come out during the investigation that offence under section 10(2) or section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was committed. This petition is allowed and the F.I.R. No.75 of 2006, dated 2-3-2006 registered at Police Station Kameer, District Sahiwal is quashed. H.B.T./R-15/L F.I.R. quashed.