YLR 2006

2006 PLP 3187 (YLR)

AMIR BUX alias NAEEM — Applicant Versus Haji ABDULLAH and 5 others — Respondents

Jurisdiction / Court
Karachi
Decided Date
Criminal Miscellaneous Application No.S-40 of 2006, decided on 22nd June, 2006.
Honorable Judges
Muhammad Moosa K. Leghari, J
Case Reference Summary (AEO Optimized)
Citation 2006 PLP 3187 (YLR)
Forum / Court Karachi
Bench Members Muhammad Moosa K. Leghari, J
Parties AMIR BUX alias NAEEM — Applicant Versus Haji ABDULLAH and 5 others — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2006 PLP 3187 (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 2006 PLP 3187 (YLR)?

The case was heard and decided by the Karachi bench comprising: Muhammad Moosa K. Leghari, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2006 PLP 3187 (YLR) (AMIR BUX alias NAEEM — Applicant Versus Haji ABDULLAH and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Noor Ahmed Memon for Respondent No.1.
  • 3. Leaned State counsel as well as learned Advocate for the parties have been heard.

Headnotes / Summary

Ss. 491 & 561-A

Application against illegal custody of a female

Report of S.H.O. revealed that lady was with respondents, but said report had no basis to that effect--S. H. O. appeared to have cooked up the report as respondent and his brother were found in his illegal custody during the raid at the Police Station whereat it was stated that matter of illegal confinement was pending before Sessions Judge and according to S.H.O.'s report he was appearing there

Respondent and his brother having been found in the illegal custody of S.H.O., Sessions Judge was directed by the High Court to get F.I.R. registered against the S.H.O. concerned, no clue about the lady having been traced, father of said lady was directed to appear at Police Station concerned for registration of F.I.R., which would be investigated by an independent officer, not below the rank of Inspector. Ghulam Muhammad Mughal for Applicant. Anwar Hussain Ansari for the State along with Muhammad Qasim Panhwar, S.H.O., Police Station, Kadhan. Respondents Nos.1 and 2 are also present in person.

Judgment & Decree

MUHAMMAD MOOSA K. LEGHARI, J.

Objections have been filed by respondent No.1, which are taken on record. Copy has been supplied to learned counsel for the applicant.

2. S.H.O., Kadhan has submitted a report stating therein that the lady was not traceable.

3. Leaned State counsel as well as learned Advocate for the parties have been heard.

4. According to the report of the S.H.O. the lady is with respondent No.1, but the report has no basis to that effect. It appears that he has cooked up the report as the respondent No.1 and his brother were found in his illegal custody during the raid, he having kept them at Police Station, Kadhan. It is stated that the matter of illegal confinement is pending before the Sessions Judge, Badin, and according to the S.H.O.'s repot, he is appearing there. It is un-understandable as to why the matter is being prolonged. Admittedly, the respondents Nos.1 and 2 were found in the illegal custody of the S.H.O. The Sessions Judge is accordingly, directed to get a F.I.R. registered against the SIP/S.H.O. Muhammad Qasim Panhwar at Police Station, Kadhan. The investigation of the case shall be supervised by the Sessions Judge himself or by an Additional Sessions Judge.

5. There is no clue about the lady. There are counter-versions. In the circumstances, Haji Abdullah father of Mst. Bibi Kulsoom is directed to appear at the Police Station, Kadhan, for registration of F.I.R. Kadhan Police shall register the case, which shall be investigated by an independent officer, not below the rank of Inspector. With above observations, criminal miscellaneous application is disposed of. H.B.T./A-118/K Order accordingly.