| Citation(s) |
|---|
| 2011 SLG 2141 2011 SLD 2141 2011 YLR 610 |
Lahore High Court
Writ Petition No. 17569 and C.Ms. Nos. 1 and 3 of 2010, decided on 28th September, 2010
CH. IFTIKHAR HUSSAIN, J
Ch. Muhammad Gul Nawaz Goraya for Petitioner. Ahmad Rauf, Addl. A.G. with Muhammad Zafar Ullah, S.I. with record for
Respondents Nos. 1 and 2. Liaquat Ali Malik for
Respondent No. 3. Nemo for
Respondent No. 4
Writ Petition No. 17569 and C.Ms. Nos. 1 and 3 of 2010, decided on 28th September, 2010
CH. IFTIKHAR HUSSAIN, J
Ch. Muhammad Gul Nawaz Goraya for Petitioner. Ahmad Rauf, Addl. A.G. with Muhammad Zafar Ullah, S.I. with record for
Respondents Nos. 1 and 2. Liaquat Ali Malik for
Respondent No. 3. Nemo for
Respondent No. 4
ALI RAZA
VS
CITY POLICE OFFICER and 3 others
Law:
Section:
Penal Code (XLV of 1860)--- ----S. 496-A---Constitution of Pakistan Art. 199---Enticing or taking away or detaining with criminal intent a woman---Constitutional petition---Quashing of F.I.R.-Marriage of the allegedly abducted woman was a matter of controversy between the parties which required putting them to evidence---Such an exercise could not be undertaken in the constitutional jurisdiction of High Court---Deeper appreciation of evidence at such a stage was also neither permissible nor desirable---No case for quashing of F.I.R. was made not---Constitutional petition was dismissed accordingly. ORDER CH. IFTIKHAR HUSSAIN, J.---Respondent No.2 has furnished parawise comments and report to the petition. 2. Petitioner Ali Raza through the instant constitutional petition has prayed for quashing of F.I.R. No.530 registered under section 496-A, P.P.C. with Police Station Sadder Chiniot, on 12-7-2010. It was on the written application of respondent No.3 Faisal Abbas. 3. He has alleged in the F.I.R. that he was married to. Mst. Rukhsana Kasur daughter of Zafar Alamad, on 22-7-2009 and thereafter, she had been performing her marital obligations by living in his house. He had strained relations with Qaisar and Ali Raza etc. since long. Qaisar is a professional dacoit, who has recently been released from jail after remaining there for quite sometime. He (Qaisar) and his brother threatened him that as he was arrested on his secret information and hence, he will take revenge of the same. On account of grudge over the same, petitioner and Qaisar on the night between 24/25-6-2010, having fire arms entered into his house and caught his wife Mst. Rukhsana Kasur. They pointed out their weapons towards them and threatened them to kill in case they raised alarm. They lifted Mst. Rukhsana Kasur and put her in a wagon standing out side his house. They took her away for Zina. Hence, the case. 4. The learned counsel for the petitioner has…
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