Law: Penal Code (XLV of 1860)

Section: 182

Law: Criminal Procedure Code (V of 1898)

Section: 195 (1), 561-A

Penal Code (XLV of 1860) S. 182 read with Criminal Procedure .Code (V of 1898), Ss. 195 (1), & 561-A-Complaint filed against Z by police, under S. 182, P. P. C. on direction from a Magistrate-Police not making any investiga tion but just relying on statement of a girl who had run away with her paramour and claimed that she had gone out of her parental home of her own accord and that allegations of her abduction made by her father Z were not true-Held, proceedings under S. 182, P. P. C. against father in circumstance, were initially defective-To constitute offence under S. 182, P. P. C., positive knowledge or belief of accused about falsity of information, necessary-Proceedings quashed.                                                                                                                   ORDER The petitioner has been proceeded against for commission of an offence under section 182, P. P. C. 2. The facts as could be culled out from the petition and the arguments addressed at the bar, are that the petitioner's daughter Mst. Shamim Zahoor was abducted on 24th of November, 1968 by Mohsinul Mulk. The petitioner took a warrant under section 100, Cr. P. C. from a Magistrate at Rawalpindi for the recovery of the girl. She was recovered from the custody of the accus ed and a case under sections 342, 366 and 376, P. P. C. was registered against Muhsinul Mulk and others on the basis of the. statement of the girl. The case of the petitioner is that she was again abducted on 8th of June, 1970, from his house m Rawalpindi. He again obtained a warrant under section 100, ,Cr. P. C. from the Ilaqa Magistrate but the accused in order to defeat the execution of the warrant brought the abductee to Lahore and confined her at an unknown. place. The warrant under section 100, Cr. P. C. issued by the Magistrate at Rawalpindi, could not, therefore, be executed. 3. The petitioner presented…