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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: KANEEZ FATIMA VS Respondent: HASAN MAHMOOD
1994 P Cr
1994 P Cr. LJ 2317
[Lahore]
Before Raja Afrasiab Khan, J
KANEEZ FATIMA and others---Petitioners
Versus
HASAN MAHMOOD and others---Respondents
Writ Petition No.9384 of 1994, decided on 31st August, 1994.
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---
----S. 11---Penal Code (XLV of 1860), S.452/365/148/149/109---Constitution of Pakistan (1973), Art.199---Quashing of F.I.R.---Abductee had stated before the Court that she had been abducted when she was sleeping with other members of her family in her house and was compelled to marry one of the accused thereafter ---Abductee had expressed her desire to accompany her brother and sister present in the Court---No case for quashing of F.I.R. was made out in circumstances and the same was declined accordingly.
Mian Muhammad Yaseen Khan Wattoo, Advocate.
Mian Subah Sadiq Kallason, Advocate.
Syed Niaz Ali Shah, Addl. A.-G. with M. Aslam Malik, Advocate.
Akhtar Ali Qureshi and M.A. Zafar for the Complainant.
ORDER
On 12-5-1994, a case under section 452/365/148/149/109, P.P.C. read with section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against the accused with Police Station Luddan, District Vehari vide F.I.R. No. 145/94, Annexure "A". The petitioners have moved this petition for quashment of the aforesaid F.I.R. On the ground that there was no evidence to connect the accused with the commission of the crime. Mst. Kaneez Fatima, petitioner No. l stated before the Court that she was abducted when she was sleeping with other members of her family in her house. She has further disclosed that she was compelled to marry petitioner No.2, Mukhtar Ahmad after the aforesaid occurrence. She has expressed her desire to accompany her brother and sisters who are present in Court. After hearing the learned counsel for the parties and petitioner No.1, Mst. Kaneez Fatima, I am of the view that no case for quashment of the impugned F.I.R. has been made out: The petition is accordingly dismissed being without any substance. Mansab Khan, S.H.O. is present with record of the case and has been directed to provide full protection to Mgt. Kaneez Fatima and her family. He will also see to it that the petitioner No. l and her family members reach their destination safely.
N.H.Q./K-153/L Petition dismissed