1993 P Cr (PLP)
MUHAMMAD JAVAID AKHTAR — Petitioner Versus S.P., SIALKOT and others — Respondents
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD JAVAID AKHTAR — Petitioner Versus S.P., SIALKOT and others — Respondents |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 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: 1993 P Cr (PLP) (MUHAMMAD JAVAID AKHTAR — Petitioner Versus S.P., SIALKOT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Aftab Sherazi for Petitioner.
Headnotes / Summary
S. 10/11
Constitution of Pakistan (1973), Art.199
Quashing of F.I.R.-- Challan had been submitted to Trial Court, but no application under S.249-A, Cr.P.C. had been moved there for acquittal of accused-- Accused was directed to move the Trial Court in the first instance in circumstances.
Judgment & Decree
Syed Aftab Sherazi for Petitioner. This is a petition for the cancellation of case F.I.R. No.232/91 dated 18-6-1991 Police Station Kasur under sections 10 and 11 of the Offence of Zina Ordinance, 1979 got registered by Muhammad Akram father of Nasim Bibi abductee against Muhammad Javaid Akhtar petitioner.
2. The prosecution case is that on 16-6-1991 when Muhammad Akram returned to his house he found his daughter missing. During search, he learnt that Muhammad Javaid Akhtar petitioner and others had deceitfully abducted her. Consequently, he reported the matter to the police.
3. Quashment of the case is sought on the grounds that Nasim Bibi, the alleged abductee had recorded a statement before the R.M., Kasur to the effect that she had not been abducted by anybody.
4. Learned counsel for the petitioner submits that during investigation, the police found that Nasim Bibi, abductee was also guilty and challaned her alongwith the petitioner and that she is on bail.
5. Learned counsel for the petitioner concedes that the challan has been submitted to the trial Court and that no application under section 249-A has been moved for acquittal of the petitioner.
6. In the above circumstances, it would be appropriate if the petitioner moves the trial Court in the first instance. The petition is disposed of with the above direction.
7. The learned trial Court, if moved, shall dispose of the application in accordance with law. N.H.Q./M-852/L Order accordingly.