2001 P Cr (PLP)
IFTIKHAR HUSSAIN BALOCH — Petitioner Versus DISTRICT MAGISTRATE, BHAKKAR and 6 others — Respondents
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | IFTIKHAR HUSSAIN BALOCH — Petitioner Versus DISTRICT MAGISTRATE, BHAKKAR and 6 others — Respondents |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (IFTIKHAR HUSSAIN BALOCH — Petitioner Versus DISTRICT MAGISTRATE, BHAKKAR and 6 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Zahid Hussain Bokhari for Petitioner.
- Ijaz Hussain Gorcha for Respondent No.3
Headnotes / Summary
Ss. 494 & 492
Police Rules, 1934, Vol.3, Chap.27 R.4(2)
Penal Code (XLV of 1860), Ss.165-A/186/506/109/182/211
Constitution of Pakistan (1973), Art.199
Constitutional petition
Withdrawal from the prosecution by Inspector Legal, propriety of
Prosecuting Inspectors and Prosecuting Sub-Inspectors, in terms of sub-rule (2) of R.4 of the Police Rules, 1934, had been appointed as Public Prosecutors in the local areas specified therein
Law, thus, was clear and unambiguous with regard to the competence or authority of the Prosecuting Inspector to withdraw from the prosecution of the case which stood withdrawn with the consent of the Court
Constitutional petition was dismissed accordingly.
Judgment & Decree
Every Prosecuting Inspector of police. Every prosecuting Sub-Inspector of Police stationed at the headquarters of sub-District. Every Prosecuting Sub-Inspector of Police stationed at the headquarters of the sub-Division. The District in which the Prosecuting Inspector is stationed. The District at the headquarters of which the prosecuting Sub Inspector is stationed. The sub-Division at the headquarters of which the Prosecuting Sub-Inspector is stationed. "
5. Bare perusal of these rules indicates that Inspectors and Sub -Inspectors of police when they are appointed as Public Prosecutors, they will be deemed to be Public Prosecutors within the meaning of section 492, Cr.P.C. The rule is absolutely unambiguous and there remains no doubt that any Inspector or Sub-Inspector when he has been authorized to act as prosecuting Inspector, he will be deemed to be a Public Prosecutor for the purposes of section 492, Cr.P.C. Therefore, the plea raised by the learned counsel that Inspector Legal is not a Public Prosecutor within meaning of section 492, Cr.P.C. or 494, Cr.P.C. is without merit. The learned counsel for the respondent in support of his contentions has also cited the following judgments:-- (i) Muhammad Hanif and 4 others v. D.M., Bahawalpur PLD 1971 Lah. 574, (ii) Saad Shibli v. The State and another PLD 1981 SC 617 and (iii) Maqbool Ahmad Shaikh v. The State 2000 PCr.LJ 1442.
6. In view of the clear and unambiguous law on the subject there remains no doubt or ambiguity with regard to the competence or authority of the Prosecuting Inspector to withdraw from the prosecution which stand withdrawn of course with the consent of the Court. This petition, therefore, is dismissed. N.H.Q./I-31/L Petition dismissed.