2004 P Cr (PLP)
NADEEM — Petitioner Versus SANAULLAH SANGI, A.S.-I., POLICE STATION MAHOTA and 3 others — Respondents
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | NADEEM — Petitioner Versus SANAULLAH SANGI, A.S.-I., POLICE STATION MAHOTA and 3 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 P Cr (PLP) (NADEEM — Petitioner Versus SANAULLAH SANGI, A.S.-I., POLICE STATION MAHOTA and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nisar Ahmed G. Abro for Petitioner.
Headnotes / Summary
Ss. 491 & 497
Penal Code (XLV of 1860), Ss.380/382-- Constitution of Pakistan (1973); Art.199
Constitutional petition-- Unlawful detention
On paying surprise visit at Police Station concerned for the purpose of securing unlawful custody of detenu, it was found that detenu was wanted as suspect accused in offences under Ss.380/382, P.P.C.
Detenu had stated that' he was maltreated at the hands of police
Marks of violence were visible on the body of detenue and he was referred to the Medical Superintendent for examination and certificate
Detenu who was arrested in substantive offence and a remand had been obtained from the competent Court, could seek further relief from the said Court
Detenu was already on bail granted by High Court and he had furnished surety, he was required to appear before Investigating Officer as and when asked
Constitutional petition was disposed of accordingly.
Judgment & Decree
In pursuance of direction of this Court dated 25-2-2002 Mr. Abid Hussain Qazi was appointed as a raid Commissioner to pay surprise visit at Police Station Mahota for the purpose of securing the unlawful custody of detenue Nisar Ahmed Solangi. The police station was inspected by the said Commissioner and it was found that the detenue Nisar Ahmed is wanted as a suspect accused in Crime. No.4 for an offence under section 380, P.P.C. and in Crime No.5 of 2002 for an offence under section 382, P.P.C. At the time of inspection it was complained by the detenue that he has been arrested on 23-2-2002 and complaint was made for maltreatment at the hands of police. The detenue is present in the Court today and he has removed his shirt and showed certain marks of violence. He has also complained that there are more visible marks on his hip. He has also shown a shirt which belongs to the Investigating Officer which has been put to him so that blood-stained shirt may not be seen at the time of production in the Court. A.S.-I. Sanaullah Sangi has not denied about the shirt belonging to him brought by the detenue and it is evident that the blood-stained shirt of the detenue was hidden by providing own shirt of the A.S.-I. to the detenue. Since the detenue is complaining maltreatment at the hands of I.O. the District Police Officer, Investigation (Mr. Abdul Ahad Sangri) is required to transfer the investigation of this case to another independent Police Officer and initiate action against the present Investigation Officer who has maltreated the accused and also changed the shirt of the detenue and provided him his own shirt so that he may destroy the evidence of maltreatment. However, the detenue Nisar Ahmed Solangi is referred to the Medical Superintendent; C.M.C.H. Larkana for examination and certificate. The detenue be produced before the Medical Superintendent by tomorrow and Investigation Officer be replaced by the D.P.O. Investigation immediately. Since the detenue is arrested in substantive offence and a remand has been obtained from the competent Court the detenue may seek further relief from the said Court. The detenue is already on bail granted by this Court and he has furnished surety on 26-2-2002, therefore, the detenue is required to appear before the Investigation Officer as and when required. The C.P. No.D-77 of 2002 stands disposed of. H.B.T./N-25/K Petition disposed of.