1999 PLP 399 (MLD)
ZABIH ULLAH — Petitioner Versus S.H.O. — Respondent
| Citation | 1999 PLP 399 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ZABIH ULLAH — Petitioner Versus S.H.O. — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 399 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 399 (MLD)?
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: 1999 PLP 399 (MLD) (ZABIH ULLAH — Petitioner Versus S.H.O. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Muhammad Ilyas Komal for Petitioner.
Headnotes / Summary
S. 491
Detenus having been nominated as accused persons in the F.I.R. registered under S.395, P.P.C. their detention with the Police could not be considered as illegal or improper
Matter regarding insult and disgrace allegedly caused to the womenfolk by the Police at the time of apprehension of the detenus could not possibly be taken up in a petition under S. 491, Cr.P.C.
Petition was dismissed accordingly.
Judgment & Decree
S. 491
Detenus having been nominated as accused persons in the F.I.R. registered under S.395, P.P.C. their detention with the Police could not be considered as illegal or improper
Matter regarding insult and disgrace allegedly caused to the womenfolk by the Police at the time of apprehension of the detenus could not possibly be taken up in a petition under S. 491, Cr.P.C.
Petition was dismissed accordingly. Ch. Muhammad Ilyas Komal for Petitioner. Rana Muhammad Arif, Addl.A.-G. for the State. ORDER Report of the bailiff has been received which indicates that out of seven detenus five were found in the police lock-up whereas two of them were not available. The S.H.O. is present in Court and states that they were arrested on 21-8-1997 and on 22-8-1997 their physical remand was obtained from the area Magistrate. Two of the detenus namely Intizar and Tauheed had, in fact, been taken out of lock-up during investigation to effect recoveries. The statement is supported by the report submitted by the bailiff. Since the detenus have been nominated as accused persons m case F.I.R. No.212 of 1997 dated 17-8-1997 under section 395, P.P.C. their detention with the Police cannot be considered as illegal or improper
2. During the course of arguments it has been argued by the learned counsel that when the detenus were taken into custody the women-folk were insulted and disgraced, therefore, some action should be taken against the Police. No such action is possible in a petition under section 491, Cr.P.C. except release of detenus if not required in some criminal case. As regards acts and omission allegedly committed by the Police, aggrieved persons can have a recourse to the Courts of law which is always available to them.
3. This petition is, therefore, disposed of. N.H.Q./Z-29/L Petition dismissed.