1999 P Cr (PLP)

S. 491

Penal Code (XLV of 1860), S.379

Habeas corpus petition-- Competency

Case under S.379, P.P.C. was registered against petitioner who was directed to be produced in Court on habeas corpus petition filed under S.491, Cr.P.C.

Habeas corpus petition would become infructuous when detention of petitioner had become legalized on filing F.I.R. against him under S.379, P.P.C. Qadir's case PLD 1958 Pesh. 38 ref. Muhammad Zakariya Sheikh for Petitioner. Tahir Haider Wasti, Asstt. A.-G. for the State. Mian Fazal Rukh Joiya for the Complainant. This habeas corpus was filed on 12-12-1997 and the bailiff was directed to produce the detenu in this Court on 17-12-1997. The report of bailiff is on record, according to which the petitioner was arrested 3 days earlier but the F.I.R. was recorded on 12-12-1997 under section 379, P.P.C. The learned counsel of the petitioner contended that petitioner was not involved in any case, but as the police official came to know that the petitioner approached the Court, therefore, subsequently, mala fide recorded the F.I.R. on 12-12-1997 at 7-30 a.m. He further contended that the said F.I.R. is result of malice and baseless. The learned Law Officer is present in Court in connection with another case. He argued that complainant Muhammad Shamoon has filed written complaint against the petitioner and other co-accused on 8-12-1997 before D.S.P., Police, Arifwala on 7-12-1997, who forwarded the same to S.H.O. Saddar Arifwala on 8-12-1997, consequently, the S.H.O. registered the case on the basis of said complaint. The learned Law Officer further argued that even if the F.I.R: was lodged subsequently, but the habeas corpus becomes infructuous automatically, as the petitioner is involved in a criminal case. The learned counsel of the complainant appeared and supported the facts, narrated by the learned Law Officer. The learned counsel of the petitioner in rebuttal urged that it is pre- planned affairs of the police and the complainant, otherwise the complainant is not in a position to know that the case is fixed for 17-12-1997.

2. I have given my anxious consideration to the contentions of the learned counsel of the parties. The habeas corpus automatically becomes infructuous on the well-known principle of law, if the detention is legalized subsequently as the petitioner is involved in a case F.I.R. No.691, dated 12-12-1997. I am fortified by the judgment of Qadir's case PLD 1958 Pesh.

38. In the present case, the respondents placed on record F.I.R. No.691 of 1997, dated 12-12-1997, in which petitioner committed offence alongwith his co-accused under section 379, P.P.C. In view of these circumstances, the same is dismissed. Anyhow, the same is sent to D.I.-G., Multan Range, Multan to look into the conduct of police official personally and pass an appropriate order strictly in accordance with law. H.B.T./S-262/L Petition Dismissed