1992 P Cr (PLP)
ZAFAR IQBAL‑‑‑Petitioner Versus S.S.P. SAHIWAL and 8 others‑‑‑Respondents
| Citation | 1992 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Khalil‑ur‑Rehman Ramday, J |
| Parties | ZAFAR IQBAL‑‑‑Petitioner Versus S.S.P. SAHIWAL and 8 others‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1992 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 1992 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Khalil‑ur‑Rehman Ramday, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 P Cr (PLP) (ZAFAR IQBAL‑‑‑Petitioner Versus S.S.P. SAHIWAL and 8 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nawab Saeed Ullah Khan for Petitioner.
- Zaeemul Farooq, A: A.G. for Respondent No.1 (on Court call).
- Zafar Iqbal Chaudhry for Respondents Nos. 2 to 4 and 6 to 8.
- MA. Zafar for Respondent No.9. Nemo for Respondent No.5.
- Date of hearing: 30th November, 1991.
Headnotes / Summary
‑‑‑‑S. 154‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Registration of case‑‑ Constitutional jurisdiction, exercise of‑‑‑Petitioner seeking registration of a case against (respondents) Police Officers had alleged that while returning home after having his car repaired, respondents apprehended him, searched him and his car and pocketed his money and on protest made by him, respondents gave him a merciless beating‑‑‑Petitioner further alleged that as a number of persons had collected at spot and respondents put petitioner in an official vehicle and took him to police station where petitioner was stripped naked, was hung upside down in courtyard of police station and was further tortured for the whole night‑‑‑Petitioner added that in order to cover up their misdeeds, local police falsely involved him in criminal cases‑‑‑On being produced in an injured condition before Magistrate concerned, physical remand of petitioner to Police custody was allowed by Magistrate despite a number of injuries which petitioner had already suffered at the hands of local police‑‑‑On being medically examined, more than 20 injuries were found by Medical Officer on person of petitioner‑‑‑High Court in exercise of Constitutional jurisdiction, directed respondent S.H.O. to act in accordance with mandatory provisions of 5.154 Cr.P.C. and to register a case on information conveyed to him by petitioner in case same disclosed commission of cognizable offence.
Judgment & Decree
Date of hearing: 30th November, 1991. The petitioner seeks registration of a criminal case against respondents No.3 to 8 on the allegations that while returning home on 16‑8 1991 at about 8‑00 p.m., after having his car reparied, the petitioner was apprehended by Jamshed‑ul‑Hassan A.S.I. respondent alongwith Shafiq and Munir constables (respondents) near Rana Petrol Pump on Boorawala Road; that the respondents searched him and his car and Jamshed A.S.I. pocketed Rs.5,000 which were lying in the glove compartment of his car and on a protest made by him, the abovementioned respondents gave him a merciless beating.
2. The petitioner further claims that as a number of persons had collected at the spot and the said respondents then put the petitioner in an official vehicle and took him to Police Station Arifwala where the petitioner was stripped naked, was hung upside down in the courtyard of the police station and was further tortured for the whole night.
3. Adds that in order to cover up their misdeeds, the local police falsely involved him in cases F.I.Rs.No.309/91 and No.147/91 of P.S. Arifwala.
4. On being produced in an injured condition before the learned S.D.M. of Arifwala on 17‑8‑1991, the said learned Magistrate allowed physical remand of the petitioner to police custody despite a number of injuries which the petitioner had already suffered at the hands of the local police.
5. On being medically examined, the Medical Officer to Rural Health Centre of Chak No.163/E.B. of District Sahiwal to which doctor the petitioner had been referred under the orders of the S.D.M. for medical examination, had found more than 20 injuries on the person of the petitioner.
6. The parties have been heard.
7. Nothing has been urged which could persuade me against the issuance of a writ directing the respondent‑S.H.O. to act in accordance with the mandatory provisions of section 154, Cr.P.C. and to register a case on the information conveyed to him by the petitioner in case the same disclosed the commission of any cognizable offence.
8. Consequently, this petition is allowed. The respondent‑S.H.O. is directed to register a criminal case by recording an F.I.R. in accordance with the information conveyed to him by the petitioner or any one else on his behalf, if the same disclosed the commission of a cognizable offence.
9. In view of the fact that the respondents against whom registration of a criminal case is being sought, are the local police officials and also in view of the fact that the matter is already under inquiry with the S.P. of Lahore Range Crimes, it will be appropriate if the case in question, in case the same is registered, is entrusted to the said S.P. of Lahore Range Crimes for investigation.
10. The learned Asstt. A.G. shall convey this order to the D.I.G., Lahore Range, for information.
11. There shall, however, be no orders as to costs. H.B.T./Z‑13/L Petition allowed.