Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: AMJAD SHAH VS Respondent: STATION HOUSE OFFICER, POLICE STATION SUKHEKI and another
Court Name: Lahore High Court Judge(s): Ali Nawaz Chohan Title:AMJAD SHAH vs STATION HOUSE OFFICER, POLICE STATION SUKHEKI and
another Case No.: Writ Petition No,15782 of 2004 Date of Judgment:2004-10-08 Reported As: 2008 YLR 1507 Result: Order accordingly Judgment ORDER ' Ali NAWAZ CHOWHAN, J.---The matter pertains to case F.I.R. No,424/2004 dated 3-9-2004, registered under section 363, P.P.C. At Police Station Sukhayki, Distt, Hafizabad. 2. The petitioner in this case is also an accused in the said F.I.R. And he is father of the alleged abductees. The question is whether an F.I.R. Under such offence against the father is maintainable in law. 3. There is a consensus on the basis of case-laws that no mens rea can be attributed to the father for the abduction of his children. He being the natural guardian, the case under the provisions of A section 363, P.P.C. Is not maintainable against him. The I.O. In this case appeared yesterday and undertook to move for cancellation of the F.I.R. 4. There is another dimension of the case that a sucking child along with other two children were taken away forcibly by the father, who is willing to hand over a suckling child to the mother. If he does so, he shall report the I.0 and the I.O. Shall complete the formalities for the cancellation purposes. This matter ends so far as the present lis is concerned. 5. This being the position, the petitioner may move for bail with respect to his father, which is stated to be pending before the Magistrate. The Magistrate is directed to dispose of the bail in view of this order by tomorrow morning. In the meanwhile, until the I.O. Acts what he committed before this Court. No further action shall be taken against the F.I.R. ' Disposed of Copy Dasti.