Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--­ ---- S. 11 --- Constitution of Pakistan (1973), Art. 199 --- Constitutional petition--Quashing of, P. I.R. ---Police had a statutory right under S.156, Cr.P.C. to investigate a cognizable offence --- To quash the police investigation on the ground that the case was false would have been to tread on treacherous grounds and could tantamount to an uncalled for interference by the Court with the duties of the police---Constitutional petition having no merit and was dismissed in limine. Einperor v. KhawaJa Nazir Ahmad AIR 1945 PC 19; M. S. KhawaJa v. The State PLD 1965 SC 287; Shahnaz Begum v. The honourable Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677 and PLD 1993 SC 399 ref. (b) Criminal Procedure Code (V of 1898)-­ ---- Ss. 561-A, 154 & 156 --- Cognizable offence --- Investigation by police--­ Interference by Court --- Judiciary should not interfere with the police in matters which are within their domain and into which the law imposes upon them the duty of enquiry --- Functidns of the judiciary and the police are complementary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its one function --- Functions of the Court begin when a charge is preferred before it and not until then Emperor v. KhawaJa Nazir Alunad AIR 1945 PC 18 ref. (c) Criminal Procedure Code (V of 1898)--­ ---- Ss. 561-A, 154 & 156 --- Quashing of F R.--- Investigation stage is outside the purview of the Court - M. S. Khawaja v. The State PLD 1965 SC 287 ref. (d) Criminal Procedure Code (V of 1898)--­ ---- Ss. 561-A, 154 & 156 --- Quashing of investigation proceedings --- There is no power to quash an investigation. Shalmaz Begum v. The Honourable Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677 and PLD 1993 SC 399 ref. JUDGMENT Through this Constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan of 1973, the petitioners seek quashment of a case registered against them vide F.I.R. No. 101/95, dated the 15th of…

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