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 extra-
ordinary 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, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 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