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Petitioner: AMEER KHATOON VS Respondent: ADDITIONAL SESSIONS JUDGE, KHUSHAB and 4 otherss
Court Name: Lahore High Court Judge(s): M. Bilal Khan Title: AMEER KHATOON vs ADDITIONAL SESSIONS JUDGE, KHUSHAB and 4 otherss Case No.: Writ Petition No,1871 of 2006 Date of Judgment:2006-04-06 Reported As: 2007 MLD 891 Result: Petition dismissed
Judgment ORDER ' M. BILAL KHAN, J.---The learned counsel for the complainant informs that on the basis of a statement made by one Abdul Rehman a cross version was recorded in case F.I.R. No,239 of 2005, dated 19-12-2005, Police Station, Gunjial, District Khushab against the petitioner and her relatives, wherein it was alleged that Muhammad Zakir (respondent No,5) had criminally trespassed into the house of the petitioner. On the basis of this cross version Muhammad Zakir had been arrested and subsequently, he had been bailed out and had also been challaned under section 451, P.P.C. The case is now pending before the learned Judicial Magistrate. 2. The grievance of the petitioner is that her version had not been recorded correctly in that section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance No,VII of 1979, ought to have been involved in view of the fact that she had been subjected to Zina-bil-Jabar. This plea A can be taken before the learned Judicial Magistrate, who is seized of the trial. This Court, while exercising its Constitutional jurisdiction cannot direct the police to invoke or not to invoke a particular provision of the Penal Code. With these observations this petition is disposed of.