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2008 YLR 2687

ALLAH BAKHSH PASHA vs S.H.O. and 4 others

Citation2008 YLR 2687
CourtLahore High Court
Case No.Writ Petition No,3865 of 2008
Date2008-07-07
Judge(s)M. A. Zafar
ResultOrder accordingly

ORDER

' M.A. ZAFAR,J---Bakhsh Pasha/petitioner seeks quashing of F.I.R. No,220 of 2008, dated 20-3-2008 registered under sections 420/468/471, P.P.C. At Police Station Qilla Gujjar Singh, Lahore, at the instance of Mst. Shabana Muhammad Ali/complainant.

2. It is contended by the learned counsel for the petitioner that petitioner and the complainant entered into a valid marriage according to the Muslim rites on 29-3-2007 and thereafter, the said Mst. Shabana Muhammad Ali lodged the present F.I.R. After one year i.e, on 20-3-2008. He further submits that a decree for conjugal rights has also been passed in favour of the petitioner.

3. Learned Law Officer on instructions from the police officer present in Court states that the police has found the A petitioner to be guilty and challan has been submitted in the Court of competent jurisdiction.

4. After the submission of the challan and commencement of trial, changing of investigation or ordering further investigation in the matter is an exercise unsustainable in law as held by the Honourable Supreme Court of Pakistan in case of Muhammad Nasir Cheema v. Mazhar Javaid PLD 2007 SC 31, and thus there is no force in this petition and the same is accordingly disposed of with the observation that the petitioner can prove his innocence before the learned trial Court. He has also an alternate remedy of moving an application under section 249-A, Cr.P.C. Seeking acquittal and if such an application is moved the learned trial Court will decide the same in accordance with law within two months.

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