22 ab was dismissed for offence abduction on the ground that lady remind silent for one year.
Penal Code (XLV of 1860)---
----S. 365-B---Criminal Procedure Code (V of 1898), S.22-A(6)(i)---Constitution of Pakistan, Art.199---Constitutional petition---Kidnapping, abducting or inducing woman to compel for marriage---Dismissal of application by Justice of Peace filed for registration of criminal case---Petitioner alleged that she was kidnapped by accused persons, who forcibly obtained her signatures on the affidavit of free will and therafter performed Nikah with her and was divorced, the very next month of performing Nikah---Petitioner after about 9 months of the alleged incident, moved application before Justice of Peace for registration of case against accused, who allegedly again attempted to kidnap her, and was issuing threats of dire consequences, and causing her harassment---Application of the petitioner having been dismissed by Justice of Peace, the petitioner had filed constitutional petition---Validity---If the petitioner was aggrieved by the act of accused, she could have moved an application, when she was divorced and came back to her father's home---Petitioner remained quiet about the alleged incident of kidnapping and forced marriage for about one year and thereafter she filed application before Justice of Peace---Justice of Peace was not supposed to act in a mechanical manner and order registration of FIR in every single case---Even otherwise, the petitioner had an alternate remedy to file a direct complaint under S.200, Cr.P.C.---Constitutional petition was dismissed, in circumstances.
Penal Code (XLV of 1860)---
----S. 365-B---Criminal Procedure Code (V of 1898), S.22-A(6)(i)---Constitution of Pakistan, Art.199---Constitutional petition---Kidnapping, abducting or inducing woman to compel for marriage---Dismissal of application by Justice of Peace filed for registration of criminal case---Petitioner alleged that she was kidnapped by accused persons, who forcibly obtained her signatures on the affidavit of free will and therafter performed Nikah with her and was divorced, the very next month of performing Nikah---Petitioner after about 9 months of the alleged incident, moved application before Justice of Peace for registration of case against accused, who allegedly again attempted to kidnap her, and was issuing threats of dire consequences, and causing her harassment---Application of the petitioner having been dismissed by Justice of Peace, the petitioner had filed constitutional petition---Validity---If the petitioner was aggrieved by the act of accused, she could have moved an application, when she was divorced and came back to her father's home---Petitioner remained quiet about the alleged incident of kidnapping and forced marriage for about one year and thereafter she filed application before Justice of Peace---Justice of Peace was not supposed to act in a mechanical manner and order registration of FIR in every single case---Even otherwise, the petitioner had an alternate remedy to file a direct complaint under S.200, Cr.P.C.---Constitutional petition was dismissed, in circumstances.
Muhammad Bashir v. Station House Officer, Okara Cantt, and others PLD
2007 SC 539 and Muhammad Arif v. The State 2004 PCr.LJ 1347 ref.
2016 M L D 792 [Sindh]
Before Shahab Sarki, J
Mst. SHAHZEEN---Petitioner
Versus
STATION HOUSE OFFICER and another---Respondents
2016 M L D 792 [Sindh]
Before Shahab Sarki, J
Mst. SHAHZEEN---Petitioner
Versus
STATION HOUSE OFFICER and another---Respondents
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