Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.497( 2 ) & 103---Penal Code (XLV of 1860),Ss. 371-A & 371-B---Selling and buying person for purpose of prostitution---Bail, grant of---Prohibitory clause of S. 497, Cr.P.C---Scope---Raid by police at private place without search warrant---Effect---Allegation against petitioners was that two male and female accused persons were found in objectionable position while the rest of accused persons were present inside the flat---Place where raid was conducted on spy information was not public place but was owned and possessed by private individual---Neither any search warrant was obtained nor any effort was made by police in that behalf---No respectable from the locality was associated in the raid---Raid in such a situation could only be termed as intrusion which was prohibited by law---Police Officials by not obtaining search warrant for raiding the house in question had violated the mandatory provisions of S. 103, Cr.P.C.---Sections 371-A & 371-B, P.P.C. were not applicable under the circumstances, therefore, case of accused persons fell within the purview of S. 497(2), Cr.P.C.---Accused persons were admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through this single judgment, I intend to dispose of Cr.M.B.A. No.2933- P/2017 along with connected Cr.M.B.A. No.07-P/2017, filed by petitioners Salman Ghazanfar, Muhammad Riaz, Mst. Naila, Zeeshan, Mst. Shahida, Mst. Mehwish and Mst. Kiran as both the petitions are outcome of one and same FIR No.941 dated 18.12.2017 under section 371-A, B, P.P.C., Police Station Gulberg, Peshawar. 2. The prosecution case as set forth in the FIR is that there was general complaint regarding running a brothel house in the Flat of Mst.Naila wife of Muhammad Riaz, Zeeshan son of Muhammad Riaz and Muhammad Riaz son of Musharaf Din. On 18 12.2017 at 21.30 AM, the complainant was on gasht when in the meanwhile, he received information about presence of males and females in the aforesaid Flat in objectionable condition. Acting upon the said information, complainant along with other police officials including a lady constable raided the said Flat where a…

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