Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 365-A---Constitution of Pakistan, Art.199---Constitutional petition---Kidnapping or abduction for ransom---Petitioner had levelled allegations against respondents for committing offence of abduction of her daughter, aged 10 years---Petitioner had filed the petition without disclosing the facts and had concealed facts despite knowledge and by so doing had shown her mala fide---Petitioner was in knowledge of marriage of her daughter with accused, but she failed to disclose those facts in the petition---Said concealment would be deemed to be intentional and. deliberate which was only to obtain some favourable order---Mala fides of petitioner were apparent from her conduct---Party seeking relief must come to the court with clean hands, but the petitioner, in the present case, had acted contrary to it; her conduct and intentional non-disclosure of material facts, in itself disentitled her for any relief---Petitioner had filed the petition for ulterior motives to harass the respondents---Petition being without merits, was dismissed, in circumstances. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- Instant petition has been filed by the petitioner Mst. Shazia contending that her minor daughter namely Pari Gul was abducted by respondents Nos.1 to 6, whereafter, she approached each and every door for justice, but all in vain. According to her telephonic message from Police Station, Old Saddar, Shikarpur was received by her husband, from Mobile Nos.0301-3747386 0301-3978468 demanding Rupees one million for return of her daughter. Whereupon after arranging the said amount she (petitioner), along with relatives, reached at Old Saddar Police Station Shikarpur where the concerned SHO namely Habibullah, along with constable Dur Muhammad called her to a secret place in jungle, where after waiting for an hour, said Dur Muhammad brought Pari Gul in an injured condition and showed her from a distance, and received an amount of Rs.500,000 from the petitioner and started threatening and beating them (petitioner and her companions) with guns and butts" rendering them unconscious, and after they gained consciousness, she approached Police Station…

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