Law:

Section:

Penal Code (XLV of 1860)------Ss. 365, 181 & 182---Constitution of Pakistan, Art. 185(3)---Kidnapping or abducting with intent secretly and wrongfully to confine person---Lodging of false complaint to settle civil dispute---Effect---Complainant (petitioner) in order to settle her civil dispute with her opponents in respect of a house, moved the machinery of law on a false pretext---False assertion had been made by the complainant (petitioner) before the police while lodging the F.I.R. under S.365, P.P.C., contending therein that her son was in illegal custody---Complainant made fabricated and concocted statements and sworn in false affidavits before the High Court and the Supreme Court---As soon as the complainant's opponents withdrew the execution application filed by them in pursuance of the civil court's decree and handed over the possession of the disputed property to the complainant, she and her husband within one hour produced the alleged abductee before the police, which fact was evident from the record as well as the report submitted by the police---Conduct of the complainant was illegal, which could not be left unnoticed---Police was directed to proceed against the complainant, who prima facie had lodged a false complaint---Case was sent to the High Court for proceedings against the complainant---Order accordingly. Muhammad Afzal v. The State 2001 SCMR 1615 ref. M. Siddique Baloch, Advocate Supreme Court with the Petitioner, her husband Abbas and son Almas (alleged abductee) for Petitioner. Jawwad Hassan, Additional A.-G., Punjab, Capt. (R) Amin Wains, RPO Gujranwala, Ahmed Nasir Aziz Virk, SSP, Imran Saleem, S.H.O. along with Almas, alleged abductee for Respondents. Date of hearing: 8th May, 2012. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Learned counsel for the petitioner has candidly admitted that prima facie a false assertion was made by the petitioner before the Police while lodging the F.I.R. No. 290 of 2008, under section 365, P.P.C., with Police Station City Kamoki, District Gujranwala. Similarly, fabricated and concocted statements have also been made by the complainant Mst. Surraya Begum before the High Court as well as before this Court,…

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