Law: Constitution of Pakistan, 1973

Section: 199

Law: Penal Code (XLV of 1860)

Section: 380/411/457

Constitution of Pakistan (1973)--- ----Art. 199---Penal Code (XLV of 1860), Ss.380/411/457--¬Constitutional petition---Quashing of F.I.R.---F.I.R. in question was lodged against accused regarding an occurrence of theft which had taken place more than a year ago without any plausible explanation for the delay in lodging the same---Even date of occurrence was not mentioned .in the F.I.R. and articles mentioned in F.I.R., like perfumes, shampoos, lotions, make-up item etc. were all manufactured branded products, which were available in the open market---Item of each category being identical, was neither distinguishable nor identifiable from other piece, it could not be proved that items recovered from accused were the same which were stolen from shop of the complainant---Identification made by complainant after more than one year of alleged theft regarding manufactured branded counter sale items, was meaningless inasmuch as it could not be established that articles in question were in fact the same which were allegedly stolen from the complainant's shop---Similar was the case with cash---Complainant had not mentioned numbers of currency notes which were stolen---Question of recovery of stolen money also would not arise, in circumstances ---Rapat in question was the basis of F.I.R. which had already been held as false and fabricated and circumstances in which F.I.R. was lodged on the basis of said Rapat, had clearly reflected mala fides on the part of local police ---F.I.R, prima facie, was bogus inasmuch as from contents thereof no offence appeared to be made out against accused. THIS JUDGMENT DELIVERED BY: FARRUKH LATEEF, JUSTICE:---.--- Facts of this Constitutional petition are that on -a habeas corpus petition filed by the wife of the petitioner, on Court order, the petitioner was recovered by the bailiff on i4-5-2001 from Police Station Sargodha Road Faisalabad. He was found unlawfully detained there without there being any report or case registered against him. He was produced before the Court by the bailiff alongwith his report on the following day i.e. 15-5-2004 when he was set at liberty by the said Court (Sessions Judge, Faisalabad) and the petition was…

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