2002 PLP 3804 (YLR)
MUSHTAQ ASHIQ‑‑‑Petitioner Versus INSPECTOR‑GENERAL OF POLICE, PUNJAB, LAHORE and others‑‑‑Respondents
| Citation | 2002 PLP 3804 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhary, J |
| Parties | MUSHTAQ ASHIQ‑‑‑Petitioner Versus INSPECTOR‑GENERAL OF POLICE, PUNJAB, LAHORE and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 3804 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 3804 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhary, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 3804 (YLR) (MUSHTAQ ASHIQ‑‑‑Petitioner Versus INSPECTOR‑GENERAL OF POLICE, PUNJAB, LAHORE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pirzada Mamoon‑ul‑Rashid for Petitioner.
- Date of hearing: 1st June, 2001.
Headnotes / Summary
‑‑‑‑Ss.354/452/148/149/337‑L(ii), 337-F(i),337-F(ii) & 337‑A(i)‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑‑Petitioner seeking direction from the High Court to the effect that police should arrest the accused person and record his statement and be restrained from altering the penal provisions against the accused‑‑‑High Court did not issue direction that penal provisions be added or not, but as far as the prayer that accused were not being arrested was concerned, if sufficient evidence was available on record to connect the accused with commission of crime, then Police was duty bound to act strictly in accordance with law‑‑‑If petitioner wanted to make any statement before Investi gating Officer, Investigating Officer would record his statement and of his witnesses and investigate case on merits.
Judgment & Decree
Pirzada Mamoon‑ul‑Rashid for Petitioner. Date of hearing: 1st June, 2001. Petitioner seeks issuance of a direction to respondents Nos.4 to 8 for recording statement of the petitioner and his witnesses in a case registered vide F.I.R. No.241 of 2000, dated 29‑9‑2000 under sections 354/452/148/149/337‑L(ii), F(i), F(ii) and 337‑A(i), P.P.C. with Police Station, Chung District, Lahore.
2. Learned counsel contends that in this case five investigations have been conducted by different police officials but one Muhammad Siddiqui, S.I./respondent No.5 has deleted this section. Grievance of the petitioner is that the police be restrained from deleting section 453‑A, P.P.C.
3. In these circumstances, I am not inclined to issue direction that the above‑said section be added or not. But as far as second prayer is concerned that the accused are not being arrested is concerned, if sufficient evidence is available on the record to connect the accused with the commission of crime then the police is duty bound to act strictly in accordance with law. Similarly if the petitioner wants to make any statement before the Investigation Officer, the Investigation Officer shall record statement of the petitioner and his witness and investigate the case on merits.
4. Disposed of in the above terms.
5. Copy 'dasti' on payment of usual charges. H.B.T./M‑1513/L Order accordingly.