Law: Criminal Procedure Code (V of 1898)

Section: 561A, 491, 154, 156

Law: Constitution of Pakistan, 1973

Section: 199

Law: Penal Code (XLV of 1860)

Section: 363

Criminal Procedure Coda (V of 1898) -Ss. 561-A & 491 read with Ss. 154 & 156 and Constitution of Pakistan (1973), Art. 199-Quashment of criminal proceedings-Habeas corpus-Writ jurisdiction-Investigation into offences-Statutory duty of police-Restraining police from investigation-Tantamounts to acting against law-Not possible to interfere with such right of police by exercise of inherent jurisdiction under S. 561-A subject nevertheless to Court's right to intervene in appropriate cases under S. 491- Alleged abductee's statement recorded and abductee also medically examined-No action, held, called for and petition dismissed-Penal Code (XLV of 1860), S. 363.                                                                                                                              ORDER On the 20th of August 1974, Barkha son of Sardar, respondent No. 3, lodged a report at Police Post Kandiwala alleging that his minor daughter, Mst. Kaniz Fatima had been kidnapped and abducted by Ahmad, Sarang, Khushal and Samand, petitioners 1 to 4. A case under section 363, P. P. C. was accordingly registered against them. 2. This application has been moved by the accused and by the alleged abductee, Mst. Kaniz Fatima stating that the case registered against peti tioners 1 to 4 under section 363, P. P. C. be ordered to be struck off and that respondents 1 and 2 who are police officers should be restrained from investigating the case. 3. If on the report made under section 154, Cr. P. C. the facts disclose the commission of an offence, it is the statutory responsibility of the Station House Officer to register the case and proceed to investigate it under the provisions of Chapter XIV of Part 11, Cr. P. C. It was stated in the F. I. R. that Mst. Kaniz Fatima was of 14/15 years of age and that she bad been removed from his custody by the accused without her…