Law: Penal Code (XLV of 1860)

Section: 431,486,188,148/149/341,506-A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860) Ss. 431, 486, 188,148/149/341 506 A - West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S.16 ¬Constitution of Pakistan (1973), Art.199 Constitutional petition ¬Quashing of F:I.R. Accused persons had been agitating .oh road against death of a person in police custody Burning of tyres on road would not mean that road was blocked or vehicles had been restrained or stopped by the agitators Accused were protesting in peaceful manner Complainant had not stated in F.I.R. that accused had taken law in their hands No loss or damage was caused to vehicles or police official Gathering was of 25 poor and illiterate .simpleton persons who could weep and could not violate law F.I.R. against such persons was ordered to be quashed. (b) Penal Code (XLV of 1860) - Ss. 341 /431, 186, 188, 148/ 149 506 ‘Obstruction’ Defined Obstruction would mean a positive act to interrupt public servant from carrying on his public duties- Obstruction is physical obstruction and mere threat would riot amount to obstruction ¬Obstruction must be followed by overt act preventing a public servant from executing his duties. Emperor v. Babulal Munilal AIR 1936 Nag. 86 ref. (c) Penal Code (XLV of 1860) Ss. 186/341, 148/149/341/431 506 West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S.16 Constitution of Pakistan (1973), Art.199 Constitutional petition Quashing of F.I.R. Merely mentioning in the F.I.R. that protestors had threatened for dire consequences was not sufficient to constitute an offence under Ss; 186 341, P.P.C. (d) Penal Code (XLV of 1860) Ss. 431, 148/149/341/186/188 506 West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S.16 Mischief To prove mischief under S.431, P.P.C. it was necessary to establish that mischief was committed, there must be evidence of intention to cause wrongful loss or damage or knowledge of wrongful loss or damage likely to be caused. (e) Penal Code (XLV of 1860) S. 503 West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S.16 Criminal intimidation Threat to another person with any injury to his person, reputation or property meant that threat should be of an illegal act…

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