P L D 1992 Lahore 220 (PLP)
ILYAS MASIH‑‑Petitioner Versus Raja ZAFAR IQBAL, S.H.O., POLICE STATION SATRAH, DISTRICT SIALKOT‑‑Respondent
| Citation | P L D 1992 Lahore 220 (PLP) |
| Forum / Court | |
| Bench Members | Muhammad Amir Malik, J |
| Parties | ILYAS MASIH‑‑Petitioner Versus Raja ZAFAR IQBAL, S.H.O., POLICE STATION SATRAH, DISTRICT SIALKOT‑‑Respondent |
Q1: What are the key laws and sections cited in P L D 1992 Lahore 220 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1992 Lahore 220 (PLP)?
The case was heard and decided by the bench comprising: Muhammad Amir Malik, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1992 Lahore 220 (PLP) (ILYAS MASIH‑‑Petitioner Versus Raja ZAFAR IQBAL, S.H.O., POLICE STATION SATRAH, DISTRICT SIALKOT‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Zafar Chaudhary for Petitioner.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑ ‑‑‑‑ S. 491 ‑‑‑ Detenu was detained at police station by the S.H.O. on an application relating purely to a civil matter between the applicant and the detenu regarding some amount ‑‑‑ No cognizable offence had been committed even according to the application and so the police could not enter upon the investigation, nor there was any order from any Magistrate or Court of law to inquire into the matter and submit a report ‑‑‑ Action initiated by the police was, thus, totally illegal and unwarranted ‑‑‑ Detenu was set free in circumstances ‑‑‑ Since the S.H.O. by his illegal act had caused loss to a free. citizen of the State and driven him to incur expenses to come to Court and to seek his release, a compensation of Rs.500 was ordered to be paid to the detenu by the S.H.O.
Judgment & Decree
The bailiff has produced the alleged detenu in Court and has submitted his report. The detenu was found in the police station and when he reached the police station the Moharrar ASI tried to push him out. When questioned Zafar lqbal SHO has stated that on the receipt of the application moved by Mohammad Ashraf to DSP Daska, which has been marked to the police station, he had called the detenu. He was asked to read the application which purely relates to a civil matter between Mohammad Ashraf and the alleged detenu regarding an amount of Rs.32,
000. No cognizable offence has been committed even according to the application and so the police could not enter upon the investigation nor there was any order from any Magistrate or Court of Law to inquire into the matter and submit a report. Thus the action initiated by the police is totally illegal and unwarranted. By this illegal act the S.H.O. has caused loss to a free citizen of the State and driven him to incur expenses to come to Court and to seek his release. In the circumstances, a compensation of Rs. 500 is ordered to be paid to the detenu/petitioner which amount the S.H.O. has paid in Court. The detenu is set free Disposed of. N.H.Q./1‑19/L .Petition accepted