2010 PLP 476 (YLR)
Malik NOOR AHMAD — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION. RUKKANPUR, DISTRICT RAHIMYAR KHAN and another — Respondents
| Citation | 2010 PLP 476 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Saghir Ahmad, J |
| Parties | Malik NOOR AHMAD — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION. RUKKANPUR, DISTRICT RAHIMYAR KHAN and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 476 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 476 (YLR)?
The case was heard and decided by the Lahore bench comprising: Saghir Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 476 (YLR) (Malik NOOR AHMAD — Petitioner Versus STATION HOUSE OFFICER, POLICE STATION. RUKKANPUR, DISTRICT RAHIMYAR KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahzad Ashraf Mohandra for Petitioner.
- Abdul Khaliq Khan Saddozai, A.A.-G. for Respondents.
Headnotes / Summary
S. 491
Constitution of Pakistan (1973), Art.199
Constitutional petition
Recovery of detenu from illegal custody of Police
Pursuant to order of the court, bailiff had recovered detenu from the illegal custody of the Police
Bailiff had stated in his report that the detenu was in handcuffs and that detenu told the bailiff, that he had been arrested by the Police one and a half months before and detained in Police Station
Bailiff had further reported that said detenu was kept on different places in different manners by the S.H.O. and other Police Officers
S.H.O. present in the court told that detenu's two brothers were involved in two criminal cases, which prima facie, had established that the detenu was detained illegally by the S.H.O. and other Police Officers who arrested him
District Police Officer was directed to register a criminal case against the S.H.O. and others concerned; and further to hold departmental inquiry, take departmental action and then to submit report before High Court through Deputy Registrar.
Judgment & Decree
SAGHIR AHMAD, J.
Pursuant to order dated 14-10-2008, the bailiff has recovered Abdul Qadir, detenu from the illegal custody of the police from Police Station Rukanpur. The bailiff has stated in his report that the detenu was in handcuffs and when he asked the detenu, he told that he had been arrested by the police one and a half month before and detained by the police in police station. It has further been reported by the bailiff that said detenu was kept on different places in different manners by the S.H.O. and other police officers. On my query, Noor Asghar, Inspector/S.H.O. of Police Station Rukanpur, present in Court, told that the detenu's two brothers are involved in two criminal cases, which prima facie, established that the detenu was detained illegally by the S.H.O. and other police officers who arrested him.
2. In view of the above, the District Police Officer, Rahimyar Khan is directed to register a criminal case against the S.H.O. and others concerned and further to hold departmental inquiry, take departmental action and then to submit report before this Court through the Deputy Registrar within one month after receipt of this order. The writ petition is disposed of. H.B.T./N-137/L Order accordingly.