2001 PLP 677 (MLD)
MUHAMMAD JAVED‑‑‑Petitioner Versus S.P., C.I.A., and others‑‑‑Respondents
| Citation | 2001 PLP 677 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Zafar Pasha Chaudhary, J |
| Parties | MUHAMMAD JAVED‑‑‑Petitioner Versus S.P., C.I.A., and others‑‑‑Respondents |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 677 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 677 (MLD)?
The case was heard and decided by the Lahore bench comprising: Zafar Pasha Chaudhary, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 677 (MLD) (MUHAMMAD JAVED‑‑‑Petitioner Versus S.P., C.I.A., and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iqbal Mehmood Malik for Petitioner.
- N.A. Butt for Respondent No.3.
Headnotes / Summary
‑‑‑‑S. 491‑‑‑Habeas corpus petition‑‑‑Bailiff‑‑‑No record of arrest of the alleged detenu was shown to the bailiff by the police‑‑‑Stance taken by the police was that the detenu was required as an accused registered under S.381‑A, P.P.C. and that the stolen motorcycle had been recovered from him‑‑‑Any irregularity on the part of the police might be taken into consideration by the higher Authority, but the same did not absolve the alleged detenu of his guilt and he was to be Proceeded against in accordance with law ‑‑‑Detenu being required in the case, he was directed to be taken into custody by the police officials and petition was disposed of accordingly.
Judgment & Decree
‑‑‑‑S. 491‑‑‑Habeas corpus petition‑‑‑Bailiff‑‑‑No record of arrest of the alleged detenu was shown to the bailiff by the police‑‑‑Stance taken by the police was that the detenu was required as an accused registered under S.381‑A, P.P.C. and that the stolen motorcycle had been recovered from him‑‑‑Any irregularity on the part of the police might be taken into consideration by the higher Authority, but the same did not absolve the alleged detenu of his guilt and he was to be Proceeded against in accordance with law ‑‑‑Detenu being required in the case, he was directed to be taken into custody by the police officials and petition was disposed of accordingly. Iqbal Mehmood Malik for Petitioner. N.A. Butt for Respondent No.3. As per report submitted by the Bailiff, no record of arrest of the alleged detenu Muhammad Aslam was shown to him. Anyhow, today, the stance taken by the respondents is that he was required as an accused in case F. I. R. No. 102 of 2000 registered with Police Station Lohari Gate, Lahore, on 29‑7‑2000 under section 381‑A, P.P.C. According to them, subsequently, recovery of stolen motorcycle was effected from him on 13‑10‑2000. They detenu is also a proclaimed offender in another case F.I.R. No. 286 of 1999 under section 379, P.P.C., as such, he is required by, the police.
2. The learned counsel for the petitioner has pointed out that ho report was made of his arrest in the relevant police station and no corresponding entry was incorporated in the Roznamcha, therefore, the case against the petitioner becomes doubtful.
3. Any irregularity on the part of the police may be taken into consideration by the higher authority but that does not absolve the alleged detenu of his guilt. He is to be proceeded against in accordance with law. As the detenu is required it; case F.I.R. No. 102 of 2000, he may be taken into custody by the police officials. Disposed of. N.H.Q./M‑463/L Petition disposed of.