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2001 P Cr. L J 1003

HUSSAIN MASIH and another vs SENIOR SUPERINTENDENT OF POLICE,

Citation2001 P Cr. L J 1003
CourtLahore High Court
Case No.Criminal Miscellaneous No,269/Q of 2000
Date2001-01-25
Judge(s)Khawaja Muhammad Sharif, M. Naeem-ullah Khan Sherwani
ResultF.I.R. quashed

ORDER

' This is a petition for quashment of case F.I.R. No,523 of 1999, under sections 295-B/295-C read with section 109, P.P.C., registered at Police Station Alipur Chatha, District Gujranwala on 25-11-1999 on.

The statement of Ijaz Ahmad.

2. According to the first information report, which was lodged through complaint before S.H.O., Police Station Alipur Chatha, Ijaz Ahmad had stated that at Fajarwela on the day of occurrence, some burnt pieces of Holy Qur'an were present in the courtyard of his house and some derogatory remarks were also written against the Prophet (peace be upon him). He further stated in that complaint that Issac Masih and his father Hussain Masih had got a house adjacent to his house.

According to him, he was sure that these papers were thrown in his house by the abovesaid two persons on the abetment of Sehar Ghori son of Barkat Masih.

3. Learned counsel for the petitioners submits that there is no evidence on the record whatsoever against the petitioners; that no case is made out against the petitioners; and that they have been falsely implicated in this case.

4. Learned Additional Advocate-General after going through the judicial record submits that although the offence is heinous, but he is unable to support the prosecution case. There is no evidence against the petitioners. Even there is no eye-witness in the case, who had seen throwing the abovesaid burnt pieces of Holy Qur'an into house of the complainant.

5. After hearing both the parties, we are of the considered opinion that there is no probability of the petitioners to be convicted by the trial Court. In this view of the matter, this petition is accepted and the instant F.I.R. Is quashed.

6. It is observed that this order shall not be published in any newspaper and secondly as requested by the learned Additional Advocate-General, the objectionable material on record of this case either be thrown in the river or be buried.

F.I.R. Quashed.

Cited by 1 case

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