| Case ID |
3b10eb68-fdbf-4660-af71-9387655bc933 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 1128 of 197 |
| Decision Date |
Aug 07, 1979 |
| Hearing Date |
|
| Decision |
The proceedings against the applicants were quashed due to lack of jurisdiction and proper investigation. The court found that the police had submitted a challan in respect of a non-cognizable case without having obtained the necessary order from the Magistrate. Furthermore, the delay in lodging the FIR was deemed unreasonable, and the allegations made were insufficient to constitute an offence under the relevant sections of the Pakistan Penal Code. Thus, the continuation of proceedings was considered an abuse of the court's process. |
| Summary |
The case revolves around an application made under section 561-A of the Criminal Procedure Code for the quashment of proceedings against the applicants accused under section 498/34 of the Pakistan Penal Code. The complainant alleged that his sister was taken away without consent during a hospital visit. The court analyzed the legitimacy of the FIR, the jurisdiction of the magistrate, and the definitions of cognizable and non-cognizable offences. Key legal principles were discussed, including the necessity of a police report and the role of lawful guardians in such complaints. Ultimately, the court ruled that the proceedings were initiated improperly, leading to their quashment. The judgment underscores the importance of adhering to legal protocols in criminal proceedings, particularly regarding the jurisdiction and authority of the police and magistrates. This case highlights critical aspects of family law, jurisdiction, and the procedural safeguards necessary to protect individuals from wrongful prosecution. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ZAHOORUL HAQ, J
|
| Lawyers |
Mr. Madad All Shah,
Mr. Ghulam Ali Agha
|
| Petitioners |
Bux Ali,
Haji Ghazi Khan,
Mst. Zxbunnisa
|
| Respondents |
The State
|
| Citations |
1980 SLD 1810,
1980 PCRLJ 626
|
| Other Citations |
P L D 1963 Lah. 46
|
| Laws Involved |
Pakistan Penal Code,
Code of Criminal Procedure
|
| Sections |
498,
34,
199-A,
561-A,
4,
155
|