Case Details

Citation(s)
1990 SLD 428 = 1990 MLD 143
Lahore High Court
Writ Petition No.674 of 1989/BWP, decided on 20th June, 1989.
Presented By: Before Sajjad Ahmad Sipra, J
Saleem-ud-Din Aftab and ZA. Bokhari for Petitioner.
Respondent No.l in person.

MUHAMMAD ARSHAD--Petitioner

VERSUS

S.H.O., POLICE STATION, MUSSAFIRKHANA and 5 others--Respondents

Law: Constitution of Pakistan, 1973

Section: 199

  Constitution of Pakistan (1973)-- ---Art.199--Petitioner himself had made respondents a party to writ petition for a direction for registration of case of forcible abduction of his wife against them and it was open to Court to hear those respondents to arrive at a decision regarding writ petition---Contention of petitioner that hearing of said respondents was not relevant for disposal of writ petition, held, was not tenable and was repelled. Constitution of Pakistan (1973)-- ---Art.199---Criminal Procedure Code (V of 1898), S.154---Alleged abductee had voluntarily appeared in Court to rebut story of petitioner regarding her forcible abduction---Conduct of petitioner and contentions made on his behalf did not inspire any confidence in truthfulness of his version which was a malicious attempt by him to harass and humiliate respondents by perversely invoking Constitutional jurisdiction for a direction for registration of a patently false case--Writ petition was dismissed in circumstances with special costs allowed to Station House Officer of Police Station concerned and with direction to Additional Registrar/Deputy Registrar of High Court to file a complaint against petitioner for having filed a false affidavit in the case.--[Affidavit]. Saleem-ud-Din Aftab and ZA. Bokhari for Petitioner. Respondent No.l in person. Atta Muhammad Baluch for Respondents Nos. 2 to 6. ORDER The present writ petition was filed praying for a direction for registration of a case in respect of the incident alleged herein. According to the writ petition the respondents herein are accused of having entered petitioner's house on 22-3-1989 and of taking away one Mst. Kausar Parveen forcibly alongwith valuable articles of the house etc. The respondent No.l, S.H.O. Police Station Musafar Khana is present in the Court in pursuance to the notice issued to him on 3-6-1989. The respondent; Nos.2 to 6 have put in appearance through their learned counsel. The learned counsel for the petitioner contends for a direction fog registration of a case on the ground that one Mst, Kausar Parveen is his lawfully wedded wife and has been forcibly taken away by the respondents Nos.2 to 6 and that he…
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