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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. Farhat Bibi VS Respondent: SHO, etc
Court Name: Lahore High Court Judge(s): Muhammad Qasim Khan, Sayyed Mazahar Ali Akbar Naqvi, Ch. Abdul Aziz Title: Mst. Farhat Bibi vs SHO, etc Case No.: Office Objection Diary No.220363 of 2018 Date of Judgment:2019-03-18 Reported As: PLD 2019 Lahore 380, PLJ 2019 Lahore 425, 2019 LHC 697 Result: N/A
Judgment Mst. Farhat Bibi (petitioner) who is an abductee of case FIR No.178/2018 registered under section 365-B PPC at police station Shah Pur Sadar , Sargodh a, through the instant writ petition has sought quashing of said FIR on multifarious grounds, but the office has raised objection on maintainability of cons titutional petition for quashing of FIR without bringing on file the copy of bail granting order . 2. We have heard the respective arguments of learned counsel for the parties. 3. This court in another Office Objection No.245164 of 2018 "Mst. Nazia versus State through SHO, etc" vide an order of even date has held that abduct ee/witness in an FIR, is not an "aggrieved party " within the meaning of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, as such, writ petition for quashing of same FIR on their behalf is not maintainable. However , in the instant case office has not raised same objection, rather has raised an objection requiring the petitioner (irrespective whether he/she is abductee, witness or accused) to bring on file copy of bail granting order before approaching this court to seek quashing of FIR through writ petition. We are afraid, though it may be a practice for facility or preference but surely it is not the requirement of any law that petitioner before approaching this court in its constitutional jurisdiction for quashing of FIR may firstly obtain bail from a court of competent jurisdiction. 4. For what has been discussed above, the office objection being alien in the scheme of law, is not sustainable and is overruled.
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