In The Lahore High Court Lahore.

 

 

 

 

 

 

 

 

W.P No.                                  /Q/2014.

 

·        Muhammad Ali S/O Muhammad Imran R/O Kanwan wali Araiyan, Chak No.166 RB, Tehsil Shah Kot, District Nankana Sahab. Recntly Residing at Abbas Nagar, Shahdra, District Lahore.

·        Huma Daughter of Muhammad Inam Wife of Muhammad Kamran R/O Kanwan wali Araiyan, Chak No. 166 RB, Tehsil Shah Kot, District Nankana Sahab. Recntly Residing at Abbas Nagar, Shahdra, District Lahore.

                                                              

…….Petitioners

Versus

 

·        dPo faisalabad.

·        The Station House Officer P.S Raza Abad, District Faisalabad.

·        Abid Ali S/O Allah Ditta Caste Awan, R/O Muhalla Sadique Abad, Steet No. 2  Tehsil & Distt. Faisalabad. ( Complainant )

                                                         ……. Respondents

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973 READ WITH SECTION 561-A Cr.P.C. AND ALL OTHER ENABLING PROVISIONS OF LAW FOR QUASHING OF F.I.R NO. 722/14, DATED 26-11-14, U/S 365-B P.P.C, P/S RAZA ABAD, DISTRICT FAISALABAD.

 

Respectfully Sheweth:

 

·        That the addresses of the parties enshrined in the captioned writ petition are correctly given for the purpose of effective service of notices and other legal    proceedings.

·        That respondent no. 02 got lodged aforementioned FIR against petitioner no. 01 and three other persons regarding abduction of her daughter namely Amna( Petitioner no. 02). For kind perusal copy of F.I.R is attached as Annex…... “A”.

·        That the petitioner applied his Pre-Arrest bail before the Learned District and Session Judge Faisalabad which was entrusted to learned Shahid Bashir ASJ Faislabad who granted the Ad_interim pre-arrest bail to the petitioner till 13.12.2014 vide order dated: 06.12.2014. Copy of certificate issued by learned counsel in this regard is attached as Annex…..”B”

·        That Petitioner seeks kind indulgence of this Honorable court for quashing of aforementioned FIR on the following amongst other

 

G R O U N D S:

 

·        That petitioner No. 02 being a major and sui juris lady contracted marriage with petitioner no. 01 with her own free will and consent and are living a very happy and peaceful life. For kind perusal copy of Nikah Nama is attached herewith as      Annex….. “C”.

·        That petitioner no. 02 also filed a petition U/S 22A&B Cr.P.C. before the Honourable Court of District and Session Judge, Lahore, wherein she reiterated the story of her marriage with the present petitioner no. 01. For kind perusal copy of petition U/S 22A&B is attached as Annex….. “D”.

·        That petitioners are married inter se and petitioner No. 02 was never abducted and subjected to any Zina by anybody rather she is married to Petitioner No. 01 and in the given circumstances, no question of abduction or commission of any other offence is made out. 

·        That to proceed further with the matter will be a futile exercise and abuse of process of court and facts and circumstances of the case demands quashing of impugned FIR.

·        That petitioner has no other alternate, speedy and efficacious remedy except to invoke the constitutional jurisdiction of this Honorable Court.

 

In the light of submissions made above it is most humbly prayed that writ petition may very kindly be accepted and petition for quashing of F.I.R NO. 722/14, DATED 26-11-14, U/S 365-B P.P.C, P/S RAZA ABAD, DISTRICT FAISALABAD may very kindly be accepted and FIR may kindly be ordered to be quashed in supreme interest of justice.

 

It is further prayed that in the meanwhile, operation of impugned FIR may kindly be suspended and Respondent No. 01 & 02 may kindly be restrained to arrest the petitioners in the meanwhile till final disposal of titled writ petition.

Any other relief this Honorable Court deem fit, may also be granted.

 

                                                                          Petitioners

 

 

(MUDEBBER HUSSAIN QURESHI)

Advocate High Court

C.C.No.P-LH-00000                                          4th Floor Umar Arcade Jain

Mandir Stop, Lahore

 

 

 

 

VERIFICATION.

Verified upon oath at Lahore at this day of 8th December, 2014, that petition has arisen  from non-fulfillment of obligations and the petitioner has availed alternate  remedy.

 

 

                                                                                                    Petitioners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE LAHORE HIGH COURT, LAHORE.

 

 

 

 

 

W.P. No. ____________________ /Q/ 2014.

Muhammad Ali etc.

 VS

DPO ETC.

 

AFFIDAVIT OF:- Muhammad Ali S/O Muhammad Imran R/O Kanwan wali Araiyan, Chak No. 166 RB, Tehsil Shah Kot, District Nankana Sahab. Recntly Residing at Abbas Nagar, Shahdra, District Lahore.

 

 

          I, the above named deponents do hereby solemnly affirm and declares as under;

          That all contents above mentioned petition is true and correct to the best of my knowledge and belief.

 

Deponent

 

VERIFICATION:-

              Verified on oath at Lahore on this 8th day of December, 2014, that the contents of the affidavit are true and correct to the best of my knowledge and belief.

 

Deponent

 

 

 

 

 

 

IN THE LAHORE HIGH COURT, LAHORE.

 

 

 

 

 

W.P. No. ____________________ /Q/ 2014.

Muhammad Ali etc.

 VS

DPO ETC.

 

APPLICATION UNDER SECTION 561-A Cr.P.C FOR THE DISPENSATION OF CERTIFIED COPIES OF ANNEXURES.

 

 

AFFIDAVIT OF:- Muhammad Ali S/O Muhammad Imran R/O Kanwan wali Araiyan, Chak No. 166 RB, Tehsil Shah Kot, District Nankana Sahab. Recntly Residing at Abbas Nagar, Shahdra, District Lahore.

 

 

          I, the above named deponents do hereby solemnly affirm and declares as under;

          That all contents above mentioned petition is true and correct to the best of my knowledge and belief.

 

Deponent

 

VERIFICATION:-

              Verified on oath at Lahore on this 8th day of December 2014, that the contents of the affidavit are true and correct to the best of my knowledge and belief.

 

Deponent

 

 

 

IN THE LAHORE HIGH COURT, LAHORE.

 

 

 

 

 

W.P. No. ____________________ /Q/ 2014.

Muhammad Ali etc.

 VS

DPO ETC.

 

AFFIDAVIT OF:- Muhammad Ali S/O Muhammad Imran R/O Kanwan wali Araiyan, Chak No. 166 RB, Tehsil Shah Kot, District Nankana Sahab. Recntly Residing at Abbas Nagar, Shahdra, District Lahore.

 

APPLICATION UNDER SECTION 151 CPC FOR SUSPENSION OF OPRERATION FOR IMPUGNED FIR TILL FINAL DISPOSAL OF TITLED PETITION.

 

 

          I, the above named deponents do hereby solemnly affirm and declares as under;

          That all contents above mentioned petition is true and correct to the best of my knowledge and belief.

 

Deponent

 

VERIFICATION:-

              Verified on oath at Lahore on this 8th day of December 2014 that the contents of the affidavit are true and correct to the best of my knowledge and belief.

 

Deponent

 

 

IN THE LAHORE HIGH COURT, LAHORE.

 

 

 

 

W.P. No. ____________________ /Q/ 2014.

Muhammad Ali etc.

 VS

DPO ETC.

 

APPLICATION UNDER SECTION 151CPC FOR THE DISPENSATION OF CERTIFIED COPIES OF ANNEXURES.

 

Respectfully Sheweth:

 

·                    That the petitioner has filed accompanying Writ Petition in this Hon’ble Court which is yet to be fixed for hearing.

·                    That the petitioner has attached some photocopies of annexures which are true copies and attested copies are not yet available to the petitioner. The petitioner undertakes to submit the attested copies of annexures as and when made available to him.

 

It is, therefore, most respectfully prayed that the instant petition may graciously be allowed and production of certified copies of annexures may kindly be dispensed with.

PETITIONER

                THROUGH:

 

(MUDEBBER HUSSAIN QURESHI)

Advocate High Court

C.C.No.P-LH-00000                                          4th Floor Umar Arcade Jain

Mandir Stop, Lahore

 

 

 

 

 

IN THE LAHORE HIGH COURT, LAHORE.

 

 

 

 

 

W.P. No. ____________________ /Q/ 2014.

Muhammad Ali etc.

 VS

DPO ETC.

 

 

APPLICATION UNDER SECTION 561-A Cr.P.C FOR SUSPENSION OF OPRERATION FOR IMPUGNED FIR TILL FINAL DISPOSAL OF TITLED PETITION.

 

Respectfully Sheweth:

 

·                    That the petitioner has filed accompanying WP in this Hon’ble Court which is yet to be fixed for hearing.

·                    That even from the bare perusal of FIR, no offence is made out and to further proceed with the matter, will be abuse of process of court.

It is, therefore, most respectfully prayed that the instant petition may graciously be allowed and till final disposal of the case operation of impugned FIR may kindly be suspended.

PETITIONERS

 

Through:

 

(MUDEBBER HUSSAIN QURESHI)

Advocate High Court

C.C.No.P-LH-00000                                          4th Floor Umar Arcade Jain

Mandir Stop, Lahore

 

 

IN THE LAHORE HIGH COURT, LAHORE.

 

 

 

 

 

W.P. No. ____________________ /Q/ 2014.

Muhammad Ali etc.

 VS

DPO ETC.

 

 

 

I N D E X.

 

 

Sr.No

Description of documents.

Annex

Pages

1

Grounds of petition with affidavit.

 

 

2

Copy of FIR

A

 

3

Bail Granted Certificate

B

 

3

Copy of Nikah Nama.

C

 

4

Copy of petition U/S 22A&B.

D

 

5

Copy of dispense with affidavit

 

 

6

Copy of Suspension of Operation application with affidavit

 

 

   7

Power of attorney

 

 

  

 

                                                                                             

 

 

 

 

 

 

 

                                                                                                                                                                                                        PETITONER

 

 

 

 

 

 

 (MUDEBBER HUSSAIN QURESHI)

Advocate High Court

C.C.No.P-LH-00000                                          4th Floor Umar Arcade Jain

Mandir Stop, Lahore