1989 P Cr (PLP)
ALLAH BACHAYA‑‑Petitioner Versus STATION HOUSE OFFICER and others‑‑Respondents
| Citation | 1989 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | ALLAH BACHAYA‑‑Petitioner Versus STATION HOUSE OFFICER and others‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 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 1989 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 P Cr (PLP) (ALLAH BACHAYA‑‑Petitioner Versus STATION HOUSE OFFICER and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Obaid‑ur‑Rehman for Petitioner
Headnotes / Summary
‑‑‑S. 491‑‑Habeas corpus‑‑Police not allowing Bailiff of Court to enter police station and effect search for the detenu‑‑Detenu heard talking loudly to petitioner‑‑Deputy Superintendent of police directed by High Court to conduct raid and recover detenu from wherever he could be found‑‑Notices issued to police officials who were on duty at relevant time to show cause why complaint under S.29 of Police Act, 1860 be not lodged against them in circumstances. Respondent in person.
Judgment & Decree
Hafiz Obaid‑ur‑Rehman for Petitioner Respondent in person. The D.S.P. states that he had conducted raid on Police Station Bhong at 2‑40 p.m. on 16‑1‑1989 and Rasool Bakhsh, the alleged detenu, was not found in the police station.
2. The report submitted by the bailiff marked `A' shows that when he reached Police Station, Bhong at 8‑20 p.m. on 15‑1‑1989, the police did not allow him to enter the police station and search for the alleged detenu. The report shows that Rasool Bakhsh was present inside the police station as he had loudly talked with Allah Bachaya petitioner from inside the police station. The report shows that Naib‑Muharrir had also used contemptuous language. In the circumstances appearing in the case, it is very much obvious that Rasool Bakhsh has been removed by the police from police station before the D.S.P. conducted raid. The D.S.P. is directed to recover Rasool Bakhsh from wherever he may be I found and produce him on or before 21‑1‑1989.
3. Muhammad Irshad S.H.O. states that at the time when the Bailiff conducted raid on police station, Muhammad Rafiq Naib‑Muharrir, Muhammad Iqbal Foot Constable and Shaukat Ali Foot Constable were on duty. Let separate file on criminal original side be opened against Muhammad Rafiq, Muhammad Iqbal, and Shaukat Ali Constables. The S.H.O. will direct Muhammad Rafiq, Naib‑Muharrir, Muhammad Iqbal and Shaukat Ali Constables to appear before the Court tomorrow. The file so opened shall be placed before me today .at 1‑00 p.m.
4. Notices shall also be issued to Shaukat Ali, Muhammad Iqbal and' Muhammad Rafiq, directing them to show cause why complaint under section 29 of the Police Act be not lodged against them.
5. Copy of the report of the Bailiff, marked `A' has been delivered to D.S.P. B Sadiqabad. He will personally enquire into the allegations levelled by the bailiff and submit his report on 21‑1‑1989. To come up on 21‑1‑1989. SA./A‑574/L Show‑cause notice issued.