1996 PCr (PLP)
ARBAB. KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 1996 PCr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | ARBAB. KHAN — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1996 PCr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PCr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PCr (PLP) (ARBAB. KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Khan Akbar Afridi for Petitioner.
- 2. Malik Hamid Saeed the learned Additional Advocate-General who was present in some other case (Butter v. The State) had accepted the notice in this petition at 12-30 p.m. today.
Headnotes / Summary
S. 491
Alleged detenu had been arrested in a case registered at the police station under Art.3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 and his arrest had been shown in the Daily Diary Register-- Magistrate had also granted five days' police custody of the accused to the Investigating Officer
Alleged detenu, therefore, had not been detained illegally by the police
Petition was dismissed accordingly.
Judgment & Decree
Malik Hamid Saeed, A.A.-G. for the State. Date of hearing: 29th November, 1995. The instant petition was filed under section 491, Cr.P.C. for the recovery and release of Haji Murad Khan son of Haji Umar Khan (the detenu) from the alleged illegal custody of respondent No.1 Shah Wali Khan, D.S.P., C.I.A., Peshawar.
2. Malik Hamid Saeed the learned Additional Advocate-General who was present in some other case (Butter v. The State) had accepted the notice in this petition at 12-30 p.m. today.
3. The learned counsel for the petitioner had submitted that the bailiff or any other official of this Court be directed to go to the Police Station C.I.A., and to recover the detenu, where he was detained, and to produce him in the Court today. Accordingly the bailiff/official of this Court was directed to go to the Police Station C.I.A. for the recovery of the detenu and to produce him in Court at 2-30 p.m. and a notice to respondent No. 1 was also given to appear in person alongwith the record.
4. In compliance with the order of this Court respondent No. l Shah Wali Khan, D. S. P., C. I. A. Peshawar presented himself in person as well as produced Haji Murad Khan, the alleged detenu.
5. The statement of respondent No.1, Shah Wali Khan, D.S.P., C.I.A., Peshawar recorded on oath and placed on file.
6. I have also seen the Daily Diary Register (Serial No. 12), the application (Exh.P.l) submitted by the Investigating Officer (Khitab Gul) before the Magistrate, seeking the remand of Haji Murad Khan and the order (Exh.P.2) of the Magistrate (Mr. Mastan Khan Wazir) and I am satisfied that Haji Murad Khan has not been detained illegally or without any rhyme or reason. He has been arrested in case registered vide F.I.R. No.641, dated 28-10-1995 registered in Police Station Kabali under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 and was duly produced before the Magistrate who, in turn, granted five days' police custody to the Investigating Officer.
7. In the circumstances the present petition having become infructuous is accordingly dismissed. N.H.Q./1872/P Petition dismissed.