MUHAMMAD BOOTA ANJUM vs THE STATE
This criminal quashment petition arises out of proceedings initiated against the petitioner under Section 7 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979, after an initial police report under Section 182, Pakistan Penal Code 1860, on the petitioner's application alleging that certain individuals were running a brothel and committing Zina, which was found baseless. The core legal questions involved whether the S.H.O. was competent to take action and whether the Qazf proceedings were maintainable without a direct application from the aggrieved person. The Lahore High Court held that the S.H.O. was competent to act upon the application forwarded by the S.S.P., and that the charge of Qazf was validly added upon the application of the aggrieved party, Mst. Amna Bibi. Consequently, the petition was dismissed, affirming the lower court's order.
- Whether an S.H.O. is competent to take action under Section 182 of the Pakistan Penal Code 1860 upon an application forwarded by the S.S.P.?
- Can proceedings under Section 7 of the Offence of Qazf (Enforcement of Hudood) Ordinance 1979 be initiated without an application from the aggrieved person?
- Whether criminal proceedings can be quashed when the trial court has properly amended the charge based on the application of the aggrieved party?
- Section 182, Pakistan Penal Code 1860
- Section 7, Offence of Qazf (Enforcement of Hudood) Ordinance 1979
ORDER
1. ' The facts leading to the filing of this quashment petition are that the petitioner had given an application to S.S.P., Faisalabad, requesting for initiation of proceedings against one Mst. Amna Bibi and her husband Inam-ul-Haq with the allegation that they were running a brothel house and Mst.
2. Amna Bibi also used to indulge in Zina. The application was enquired into by S.H.O. Police Station Factory Area, Faisalabad, who found it baseless and submitted challan against the petitioner under section 182, P.P.C. Thereafter, the Magistrate amended the charge from Section 182, P.P.C. To section 7 of Qazf (Enforcement of Hudood) Ordinance and committed the case to the Court of Sessions.
3. The petitioner moved an application for the quashment of proceedings against him which was disposed of by the learned Sessions Judge, Faisalabad, on 10-4-1989.
4. ' It is contended by learned counsel for the petitioner that the petitioner cannot legally be tried for an offence of Qazf because under the law the proceedings can be taken only on the application of a person against whom false allegation has been leveled.
5. ' Submits that in the present case Inam-ul-Haq husband of Mst. Amna Bibi had given the said application on which no order could be passed. Submits that the application was given by the petitioner to the S.S.P., therefore, he alone could have decided to proceed against the petitioner under section 182, P.P.C. The S.H.O. Concerned was not competent to take such an action.
6. Contentions have been opposed by learned Assistant Advocate-General.
2. I have heard the learned counsel and perused the record. The application I was moved by the petitioner before S.S.P. Who, without taking any action sent it to the concerned S.H.O. In these circumstances, the S.H.O. Was the competent persons to take action against the petitioner under section 182, P.P.C. Even otherwise also, this point would not be available to the petitioner anymore because he would not be proceeded against under section 182, P.P.C. As far the contention of learned counsel that action under section 7 of Qazf Ordinance can only be taken against the petitioner on the application of Mst. Amna Bibi which was not done, is also without forte. I have examined the impugned order of the learned Sessions Judge, Faisalabad. Wherein paragraph 3 of his order he has specifically mentioned that the charge of Qazf was added in the application of Mst. Amna Bibi. In these circumstances, there is no substance in this petition which is accordingly dismissed.
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