Case Details

Citation(s)
2016 SLG 1414 2016 SLD 1414 2016 MLD 294
Lahore High Court
Writ Petition No. 6123-Q of 2015, decided on 7th May, 2015.
SYED SHAHBAZ ALI RIZVI, JUSTICE
Malik Saeed Hassan for Petitioner. Muhammad Afzal Shah for
Respondent No. 4. Ch. Iftikhar Iqbal Ahmad, Assistant Advocate General.

SADAF BIBI - er

VS

The STATE and OTHERS --Respondent

Law: Pakistan Penal Code, 1860

Section: 496-A,420,468,471,494

Law: Constitution of Pakistan, 1973

Section: 35,199

Penal Code (XLV of 1860) --------- ----------Ss. 496-A, 420, 468, 471 & 494 --------- Constitution of Pakistan, Arts.35 & 199 --------- Constitutional petition --------- Maintainability --------- Enticing or taking away or detaining with criminal intent a woman, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document --------- Marrying again during life time of husband --------- Quashing of FIR --------- Constitutional petition, earlier filed by the petitioner for the same relief, was disposed of by the High Court, observing that matter involved factual controversy which could not be resolved by High Court in its constitutional jurisdiction --------- Present petition was second petition on the same subject by the petitioner, which was barred by law and the principle of res judicata --------- Trial of the case being pending before the competent court, petitioner had alternate remedy in the form of filing application under S.249-A, Cr.P.C. --------- Petition was dismissed being not maintainable, in circumstances. Ghulam Akbar Lang v. Dewan Ashiq Hussain Bukhari and others 2012 SCMR 366;Mirza Muhammad Yaqub v. The Chief Settlement Commissioner, Lahore, and Syed Sadiq Hussain Zaidi PLD 1965 SC 254; Muhammad Abbasi v. S.H.O. Bhara Kahu and 7 others PLD 2010 SC 969 and Director-General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others PLD 2013 SC 401 ref. THIS ORDER PASSED BY: SYED SHAHBAZ ALI RIZVI, JUSTICE:---------- Through this constitutional petition, the petitioner impugns the FIR No. 420 dated 04.08.2014 offences under Section 496-A, 420, 468, 471 and 494, P.P.C. registered with Police Station Satellite Town, District Jhang, and the brief facts narrated in the FIR are that on 03.03.2014 respondent No. 4 (complainant of the FIR) was married with Mst. Sadaf Bibi (petitioner). Meanwhile one Saif-ul-Malook developed illicit relations with the petitioner, wife of respondent No. 4 and later on abducted her for the purpose of zina. The gold ornaments, cash amount and other household articles were also taken away by the accused persons. 2. Learned counsel for…
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