1999 P Cr (PLP)

Date of hearing: 6th March, 1999 . This is a petition filed under section 491, Code of Criminal Procedure for the recovery of Nasrullah son of Muhammad Suleman from the alleged illegal and improper custody of Rana Muhammad Afzal, S.-I./S.H.O., Police Station City Burewala.

2. A bailiff was deputed

3. Syed Asif Shah Bailiff reached Police Station Burewala on 5-3-1999 at 1-30 p.m. who took into possession the Daily Diary and recorded his arrival therein. Nasrullah alleged detenu was found within the precincts of Police Station City Burewala. Muhammad Afzal, S.-I./S.H.O. The S.H.O. intimated the bailiff that Nasrullah was summoned to join the investigation of Crime Case No.8 registered on 7-1-1999 under section 302/452/34, Pakistan Penal Code. However, neither the name of Nasrullah alleged detenu is mentioned in the F.I.R. nor his arrest was shown in the Daily Diary of Police Station City Burewala. The S.H.O. intimated the bailiff that the suspicion was cast upon Nasrullah alleged detenu by the prosecution witnesses. The bailiff took into his custody Nasrullah and has produced him before this Court today.

4. I have heard the learned counsel for the petitioner as well as Muhammad Afzal, S.-I./S.H.O. had intimated the bailiff that Nasrullah was summoned to jpin the investigation of Crime Case No.8 registered on 7-1-1999 under section 302/452/34, Pakistan Penal Code at Police Station City Burewala. Same is his version today. I have gone through the file of the aforesaid Crime Case No.8, dated 7-1-1999 registered at Police Station City Burewala. In his supplementary statement recorded on 7-1-1999 Muhammad Siddiq complainant stated that there was suspicion that Mst. Perveen, the second wife of Muhammad Sharif deceased, was carrying on with Nasrullah. Mst. Asia alias Ashi is the daughter of Muhammad Sharif deceased of this case who stated under section 161, Code of Criminal Procedure when examined by the Police .Officer that when the door of the house was knocked at Sehri Wela her step-mother Mst. Perveen asked about the antecedents of the person who stated that he was Siddique and the door was opened when the occurrence took place. Muhammad Ashraf P.W. was examined who stated about the illicit relation of Mst. Perveen with Nasrullah alleged detenu.

5. In view of the aforesaid aspect of the matter I would express that the police has the jurisdiction and the authority to join Nasrullah in the investigation of the case. According to section 4, subsection (1), clause (i), Cr.P.C. "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a Police Officer. Even under section 162 of the Code of Criminal Procedure an accused is competent to get recorded his version before the Police. Under Rule 25.2 of the Police Rules, 1934 an Investigating Officer is competent to issue the order to any person to attend such investigation and for that purpose he has to send the written, notice. A perusal of the police file has made out that the S.J.O. sent notice, dated 4-3-1999 to Nasrullah who was served and when asked thereof he admitted about his service on 4-3-1999. In this notice he was directed to appear before the S.H.O. on 5-3-1999. It was thereafter, that on 5-3-1999 Nasarullah had to appear before the S.H.O. Police Station City Burewala and this front of filing this habeas petition was opened on 5-3-1999. In the circumstances it can safely be held that Nasrullah appeared before the police in Police Station, Burewala and simultaneously this habeas petition was filed at Multan. The fact of the matter is that according to the Police Officer he had summoned the detenu to join the investigation and he had not arrested him as he was not declared to be the accused of the case when the bailiff reach police station. In the circumstances there is no need to disbelieve the Police Officer.

6. It. is pertinent to mention that Mst. Perveen second wife of Muhammad Sharif deceased was interrogated' who also expressed that her husband Muhammad Sharif suspected her illicit relations with Nasrullah. In the circumstances I hold that the police was competent to join Nasrullah alleged detenu in the investigation of the case. As such he cannot be declared as a detenu. .

7. Muhammad Afzal, S.-I./S.H.O. Police Station City Burewala, District Vehari has intimated that he is not desirous to arrest Nasrullah for the present, but he would join him in the investigation of .the case. Keeping in view this aspect which is well within the competent of the Police Officer, I would direct Nasrullah to appear before the Investigating Officer on 8-3-1999 at 1u a.m. and on every date to be fixed afterwards by the Investigating Officer. If no material could be collected against Nasrullah, obviously he would be able to save his skin and he shall be let off. The investigation of the case against Nasrullah shall be completed within a period of 15 days from the aforesaid date (8-3-1999). However, if- any material is collected against him during the investigation, a period of 15 days shall be granted to Nasrullah to get himself admitted to pre-?arrest bail which shall obviously be disposed of by the Court of competent jurisdiction without feeling prejudiced by this order and during the said period of 15 days Nasrullah shall not be arrested.

8. This petition is disposed of in the aforesaid terms. N.H.Q./N-139/L ??????????? Petition disposed of accordingly.