M
This document was uploaded by user and they confirmed that they have the permission to share it. If you are author or own the copyright of this book, please report to us by using this DMCA report form. Report DMCA
Overview
Download & View M as PDF for free.
More details
- Words: 1,199
- Pages: 8
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________Q/2002
1.
Muhammad Majeed
2.
Muhammad Iqbal Both sons of Khushi Muhammad, caste Rajput, R/o 41/WB, Tehsil & District Vehari. ……Petitioners VERSUS
1. The State. 2. Ghulam Hussain S/o Siraj Din, caste Sindhu, R/o Chak nO. 41/WB, Tehsil & District Vehari. ……Respondents
Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with all other enabling provisions read with section 561 Cr.P.C. for the quashment of F.I.R. No. 55/2002, dated 4.4.20002, P.S. Danewal, District Vehari U/s 379/354/148/149 P.P.C.
Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations.
2. That the petitioners agreed to purchase a house consisting of 5 rooms with boundary wall measuring near about 4 marlas situated in Chak No. 41/W.B., a part and parcel of Ahata No. 25 in consideration of Rs. 150,000/- which was owned by the respondent No. 2 and Sardaran Bibi and Bushra Bibi (mother and sister of the respondent No. 2 respectively). The respondent No. 2 assured the petitioners that the total house is in his possession and he will transfer the possession to the petitioners’ brothers. Consequently, the respondent No. 2 received a sum of Rs. 149,000/- from the petitioners and transferred the possession of above said house on 27.3.2002 in their favour. 3. That the respondent No. 2 with malafide intention, coerced the petitioners and posed that the mother and sister of respondent No. 2 are not agreed, until and unless a sum of Rs. 50,000/- more is not paid. The petitioners finding no other way gave in writing that when the sister and mother of respondent No. 2 will be agreed to sign/execute an agreement in favour of the petitioners, they will pay Rs. 50,000/- more. It is pertinent to point out that the land is in Abadi Deh and is not transferable through sale deed. As well as the petitioners started the construction/repair of the said house, it came into the knowledge of the petitioners that the respondent No. 2 got registered a fake and fictitious case against the petitioners. Copy of F.I.R. is Annex “A”. 4. That the F.I.R. No. 55/2002, dated 4.4.2002, P.S. Danewal, District Vehari, under sections 379/354/148/149 P.P.C. is liable to be quashed inter alia on the following: GROUNDS i)
That the case is false and registered against the petitioners and other with the collusion of police.
ii)
That the case bases upon the concocted story and inhabitants of the locality and in the initial investigation
negated the happening of any such occurrence. The wording of F.I.R. itself speaks that it is a no case and petitioners and remaining persons nominated in the F.I.R., even armed with deadly weapons caused no injury to any person. iii)
That the stolen property shown in the F.I.R. is not possible to be taken away without any vehicle for the loading of that property, so the case of theft is not made out.
iv)
That witnesses shown in the F.I.R. neither belong to locality nor known to the people of locality.
v)
That in these circumstances offences narrated in the F.i.R. shall be looked in with a great conscious and care.
vi)
That a civil matter is converted into a criminal one just to pressurise and deprive the petitioners of their legal right and property.
vii)
That it is better known to respondent No. 2 that as well as he filed the civil suit and on the same day, the occurrence is alleged to be taken place. The fact of this civil litigation came t the knowledge of the petitioner from the story of F.I.R. Copy of civil suit is Annex “B”.
viii) That prima facie it is a no case but just a tool to humiliate and harass the petitioners. 5.
That the petitioners are left with no other proper, adequate, efficacious and speedy remedy except to invoke the extraordinary constitutional jurisdiction of this Hon’ble Court. Keeping in view the above-mentioned facts, it is respectfully prayed that the case F.I.R. No. 55/2002,
dated 4.4.2002, P.S. Danewal, District Vehari, under sections 379/354/148/149 P.P.C. may pleased be quashed in the interest of justice. Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioners to meet the ends of justice. HUMBLE PETITIONERS, Dated: ___________
Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
CERTIFICATE: Certified as per instructions of the client, this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
AFFIDAVIT of: Muhammad Majeed son of Khushi Muhammad, caste Rajput, R/o 41/WB, Tehsil & District Vehari.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of April 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2002 In W.P. No.____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================
Respectfully Sheweth: That certified copies of Annexures “A & B” are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANTS Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2002 In W.P. No.____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
DISPENSATION APPLICATION. AFFIDAVIT of: Muhammad Majeed son of Khushi Muhammad, caste Rajput, R/o 41/WB, Tehsil & District Vehari.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT Verification: Verified on oath at Multan, this _____ day of April 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
INDEX S. No. NAME OF DOCUMENTS
ANNEXES PAGES
1
Urgent Form
2
Stamp Paper worth Rs. 500/-
3
Writ Petition.
4
Affidavit.
5
Copy of F.I.R.
A
6
Copy of civil suit.
B
7
Dispensation Application.
8
Affidavit.
9
Vakalatnama PETITIONERS,
Dated: ____________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
W.P. No._____________Q/2002
1.
Muhammad Majeed
2.
Muhammad Iqbal Both sons of Khushi Muhammad, caste Rajput, R/o 41/WB, Tehsil & District Vehari. ……Petitioners VERSUS
1. The State. 2. Ghulam Hussain S/o Siraj Din, caste Sindhu, R/o Chak nO. 41/WB, Tehsil & District Vehari. ……Respondents
Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with all other enabling provisions read with section 561 Cr.P.C. for the quashment of F.I.R. No. 55/2002, dated 4.4.20002, P.S. Danewal, District Vehari U/s 379/354/148/149 P.P.C.
Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations.
2. That the petitioners agreed to purchase a house consisting of 5 rooms with boundary wall measuring near about 4 marlas situated in Chak No. 41/W.B., a part and parcel of Ahata No. 25 in consideration of Rs. 150,000/- which was owned by the respondent No. 2 and Sardaran Bibi and Bushra Bibi (mother and sister of the respondent No. 2 respectively). The respondent No. 2 assured the petitioners that the total house is in his possession and he will transfer the possession to the petitioners’ brothers. Consequently, the respondent No. 2 received a sum of Rs. 149,000/- from the petitioners and transferred the possession of above said house on 27.3.2002 in their favour. 3. That the respondent No. 2 with malafide intention, coerced the petitioners and posed that the mother and sister of respondent No. 2 are not agreed, until and unless a sum of Rs. 50,000/- more is not paid. The petitioners finding no other way gave in writing that when the sister and mother of respondent No. 2 will be agreed to sign/execute an agreement in favour of the petitioners, they will pay Rs. 50,000/- more. It is pertinent to point out that the land is in Abadi Deh and is not transferable through sale deed. As well as the petitioners started the construction/repair of the said house, it came into the knowledge of the petitioners that the respondent No. 2 got registered a fake and fictitious case against the petitioners. Copy of F.I.R. is Annex “A”. 4. That the F.I.R. No. 55/2002, dated 4.4.2002, P.S. Danewal, District Vehari, under sections 379/354/148/149 P.P.C. is liable to be quashed inter alia on the following: GROUNDS i)
That the case is false and registered against the petitioners and other with the collusion of police.
ii)
That the case bases upon the concocted story and inhabitants of the locality and in the initial investigation
negated the happening of any such occurrence. The wording of F.I.R. itself speaks that it is a no case and petitioners and remaining persons nominated in the F.I.R., even armed with deadly weapons caused no injury to any person. iii)
That the stolen property shown in the F.I.R. is not possible to be taken away without any vehicle for the loading of that property, so the case of theft is not made out.
iv)
That witnesses shown in the F.I.R. neither belong to locality nor known to the people of locality.
v)
That in these circumstances offences narrated in the F.i.R. shall be looked in with a great conscious and care.
vi)
That a civil matter is converted into a criminal one just to pressurise and deprive the petitioners of their legal right and property.
vii)
That it is better known to respondent No. 2 that as well as he filed the civil suit and on the same day, the occurrence is alleged to be taken place. The fact of this civil litigation came t the knowledge of the petitioner from the story of F.I.R. Copy of civil suit is Annex “B”.
viii) That prima facie it is a no case but just a tool to humiliate and harass the petitioners. 5.
That the petitioners are left with no other proper, adequate, efficacious and speedy remedy except to invoke the extraordinary constitutional jurisdiction of this Hon’ble Court. Keeping in view the above-mentioned facts, it is respectfully prayed that the case F.I.R. No. 55/2002,
dated 4.4.2002, P.S. Danewal, District Vehari, under sections 379/354/148/149 P.P.C. may pleased be quashed in the interest of justice. Any other writ, order, direction or relief which this Hon’ble court deems fit, may please be extended in the favour of petitioners to meet the ends of justice. HUMBLE PETITIONERS, Dated: ___________
Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
CERTIFICATE: Certified as per instructions of the client, this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
AFFIDAVIT of: Muhammad Majeed son of Khushi Muhammad, caste Rajput, R/o 41/WB, Tehsil & District Vehari.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT
Verification: Verified on oath at Multan, this _____ day of April 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2002 In W.P. No.____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================
Respectfully Sheweth: That certified copies of Annexures “A & B” are not available. However, uncertified/photo state copies of the same have been annexed with the petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. APPLICANTS Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
In re: C.M. No. _____________/2002 In W.P. No.____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
DISPENSATION APPLICATION. AFFIDAVIT of: Muhammad Majeed son of Khushi Muhammad, caste Rajput, R/o 41/WB, Tehsil & District Vehari.
I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT Verification: Verified on oath at Multan, this _____ day of April 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.
W.P. No._____________Q/2002
Muhammad Majeed etc.
Vs.
The State etc.
INDEX S. No. NAME OF DOCUMENTS
ANNEXES PAGES
1
Urgent Form
2
Stamp Paper worth Rs. 500/-
3
Writ Petition.
4
Affidavit.
5
Copy of F.I.R.
A
6
Copy of civil suit.
B
7
Dispensation Application.
8
Affidavit.
9
Vakalatnama PETITIONERS,
Dated: ____________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959
Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176
