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K.L.R. 1993 Shariat Cases 6

MUHAMMAD ZAHID And Another vs THE STATE

CitationK.L.R. 1993 Shariat Cases 6
CourtLahore High Court
Case No.Criminal Misc. No. 5079/B of 1992
Date1992-12-21
Judge(s)Mian Abdul Khaliq
ResultN/A

ORDER

MIAN ABDUL KHALIQ, J.- The present case was registered against the petitioners on 15-7-1992 on the complaint of one Nawab who has alleged that about 18/19 sears ago he was married with Mst.

Nawab Bibi petitioner. Muhammad Zahid petitioner usually visited the house of the complainant and developed illicit relations with petitioner No.2 Nawab Bibi. The complainant admonished them and the petitioners became annoyed. On 14-5-1992 when the complainant was not at home the petitioner Muhammad Zahid alongwith Muhammad Arif, Muhammad Yousaf and Muhammad Ashfaq (who are already on bail by the learned Addl: Sessions Judge, Okara) came armed and took away the petitioner Nawab Bibi. The complainant had been demanding the return of the petitioner Mst. Nawab Bibi but she was not restored.

2. It is contended that the allegations against the petitioners are false and frivolous. It was alleged that the petitioner Nawab Bibi was married with the complainant 18/19 years ago and surprisingly Muhammad Khan son of Shahamad who is PW in this case has sworn affidavit before the police during investigation that he was also a witness of the 'nikkah' between the complainant and the, .

Petitioner Nawab Bibi. The Investigating Officer states that 'nikkah khawan' has already died. Mst.

Nawab Bibi appeared before the police who produced her before the Magistrate and statement under section 164, Cr.P.C, was recorded on 22-7-1992 wherein she had specifically stated that she had married with co- accused Muhammad Zahid/petitioner with her own free will and she has not been abducted by anybody. The Investigating Officer present in Court states that he was going to cancel the case but on the application of the complainant party the investigation was transferred.

There is unexplained delay of more than two months in lodging the FIR.

3. In view of the circumstances and without expressing any opinion on the merits of the case the petitioners are admitted to bail in the sum of Rs. 50,000/-(rupees fifty thousand) each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Okara.

4. Copy dasti on payment of usual charges.

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