PCRLJ 1989

1989 P Cr (PLP)

MUHAMMAD SHABBIR and another‑‑Petitioners Versus STATION HOUSE OFFICER, CHINIOT SADAR‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 461‑H of 1988, decided on 23rd July, 1988.
Honorable Judges
Falak Sher, J
Case Reference Summary (AEO Optimized)
Citation 1989 P Cr (PLP)
Forum / Court Lahore
Bench Members Falak Sher, J
Parties MUHAMMAD SHABBIR and another‑‑Petitioners Versus STATION HOUSE OFFICER, CHINIOT SADAR‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
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: Falak Sher, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 P Cr (PLP) (MUHAMMAD SHABBIR and another‑‑Petitioners Versus STATION HOUSE OFFICER, CHINIOT SADAR‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑

Representation

  • Ch. Muhammad Ashraf Azeem for Petitioners.

Headnotes / Summary

‑‑‑S. 54‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11‑‑Detention‑‑Detenu hauled up in order to effect arrest of accused who were fugitive from law‑‑Detention, held, was illegal as same was caused for extraneous consideration‑‑Detenu ordered to be set at liberty.

Judgment & Decree

Criminal Miscellaneous No. 461‑H of 1988, decided on 23rd July, 1988. ‑‑‑S. 54‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11‑‑Detention‑‑Detenu hauled up in order to effect arrest of accused who were fugitive from law‑‑Detention, held, was illegal as same was caused for extraneous consideration‑‑Detenu ordered to be set at liberty. Ch. Muhammad Ashraf Azeem for Petitioners. On 21‑7‑1988 the detenu was found lodged in the police lock up of Police Station, Sadar Chiniot, District Jhang by the plaintiff and, was, reportedly Arrested on the same day under section 54, Cr.P.C. in a case registered vide F.I.R. No. 253/83, dated 17‑7‑1988 under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (as per Abdul Aziz A.S.I. Moharrir). It transpires that the case referred to above was registered at the instance of the father of the abductee against four persons, namely, Shabbir; Ahmad, Naeem, Musarrat Bibi and Mst. Tehmeena, who are fugitive from law till' this date and prima facie, the petitioner has been booked in order to effect the arrest of the above referred persons. Furthermore no rule has been ascribed to the detenu in the case in question. Therefore, I am of the opinion that his detention is illegal, since the same seems to have been caused for extraneous consideration, as a consequence whereof, the detenu is set at liberty. As a matter of abundant caution, it may be observed that these observations are only tentative in nature for the purposes of present petition and shall have no bearing on the investigation or trial of the case. M.Y.H./M/1114/L Detenu set at liberty.