PLJ 2012 Cr.C. (Lahore) 415
Present: Mazhar Iqbal Sidhu, J.
RIASAT ALI--Petitioner
versus
STATION HOUSE OFFICER, POLICE STATION KAHNA, LAHORE and another--Respondents
Crl. M. No. 271-H of 2012, decided on 15.2.2012.
Criminal Procedure Code, 1898 (V of 1898)--
-----S. 491--Control of Narcotic Substances Act, 1997, S. 9(c)--Habeas corpus--Application of--Detenus were apprehended--Prior to the lodgment of the instant FIR both the detenus were already in custody of respondent, therefore, the instant FIR was hereby quashed and detenu was directed to be set at liberty by opening manacles. On the undertaking of DIG (Operations) that respondent shall be proceeded against in accordance with law and so far initiation of proceedings against respondent were deferred and further proceedings were adjourned. [P. ] A
Mr. Asghar Ali Hashmi, Advocate for Petitioner.
Mr. Muhammad Saeed Tahir Sulehri, A.A.G with DIG (Operation), DSP Legal and SHO for Respondents.
Date of hearing: 15.2.2012.
Order
Riasat Ali petitioner moved an application under Section 491 Cr.P.C. for the recovery of Iftikhar alias Mola and Mst. Mafia Bibi wife of Zulfiqar having been allegedly detained illegally by Respondent No. 2.
2. Bailiff of this Court was deputed on 14.02.2012. He has produced both the detenus alongwith his written reply and a photo stat of facsimile of FIR No. 234 dated 14.02.2012 registered under Section 9-C of C.N.S.A 1997 for the recovery of 1100 grams `charas' alongwith sale amount of Rs. 500/- at Police Station Kahna Lahore on the complaint of Muhammad Sarwar Respondent No. 2. Report of the bailiff as well as the contents of FIR have been gone through. According to the report detenu Iftikhar alias Mola has been shown arrested in the above said case, therefore, he did not bring him and Iftikhar detenu has been produced by Muhammad Sarwar in police manacles. The detenu has been seen having blood on his `qameez’ and he also made complaint that he was tortured by Respondent No. 2. SHO, Police Station Kahna is also present alongwith Muhammad Sarwar S.I. On the direction of this Court detenu was got medically examined verbally and learned A.A.G was directed to call any responsible high police official so that he may be shown physical position of the detenu and be apprised about the ferocious action of Respondent No. 2. Ghulam Mehmood Dogar, DIG (Operation) Lahore has entered appearance and has been apprised of the situation, replica of the medico-legal report of the detenu has been handed over to him who has undertaken to proceed with the matter in accordance with law.
5. Learned counsel for the petitioner submits that both the detenus in fact were quelled by Respondent No. 2 alongwith his subordinates from the `Haveli' of detenus on 13.02.2012 at about 10.11 a.m., thereafter, the male detenu was tortured and in order to save his skin Muhammad Sarwar S.I Respondent No. 2 has foisted a false case of death charge upon the detenu Iftikhar alias Mola. He has further submitted that a severe action with iron hands may be taken against Muhammad Sarwar S.I and the FIR being false and based upon mala fide may be quashed and the detenu may be set at liberty.
6. Heard. Record perused.
7. It is apparent that detenus were apprehended on 13.02.2012 at about 10.11 a.m as per the content No. 4 of the instant petition whereas date and time in the above mentioned FIR has been shown as 14.02.2012 at 11.40 a.m whereas FIR was lodged at Police Station 12.5 p.m. In these circumstances, it has prima-facie been established that prior to the lodgment of the instant FIR both the detenus were already in custody of Respondent No. 2, therefore, the instant FIR is hereby quashed and detenu is directed to be set at liberty by opening manacles. On the undertaking of DIG (Operations) that Respondent No. 2 shall be proceeded against in accordance with law and so far initiation of proceedings against Respondent No. 2 are deferred and further proceedings are adjourned in this case for 05.03.2012.
(A.S.) Order accordingly
Present: Mazhar Iqbal Sidhu, J.
RIASAT ALI--Petitioner
versus
STATION HOUSE OFFICER, POLICE STATION KAHNA, LAHORE and another--Respondents
Crl. M. No. 271-H of 2012, decided on 15.2.2012.
Criminal Procedure Code, 1898 (V of 1898)--
-----S. 491--Control of Narcotic Substances Act, 1997, S. 9(c)--Habeas corpus--Application of--Detenus were apprehended--Prior to the lodgment of the instant FIR both the detenus were already in custody of respondent, therefore, the instant FIR was hereby quashed and detenu was directed to be set at liberty by opening manacles. On the undertaking of DIG (Operations) that respondent shall be proceeded against in accordance with law and so far initiation of proceedings against respondent were deferred and further proceedings were adjourned. [P. ] A
Mr. Asghar Ali Hashmi, Advocate for Petitioner.
Mr. Muhammad Saeed Tahir Sulehri, A.A.G with DIG (Operation), DSP Legal and SHO for Respondents.
Date of hearing: 15.2.2012.
Order
Riasat Ali petitioner moved an application under Section 491 Cr.P.C. for the recovery of Iftikhar alias Mola and Mst. Mafia Bibi wife of Zulfiqar having been allegedly detained illegally by Respondent No. 2.
2. Bailiff of this Court was deputed on 14.02.2012. He has produced both the detenus alongwith his written reply and a photo stat of facsimile of FIR No. 234 dated 14.02.2012 registered under Section 9-C of C.N.S.A 1997 for the recovery of 1100 grams `charas' alongwith sale amount of Rs. 500/- at Police Station Kahna Lahore on the complaint of Muhammad Sarwar Respondent No. 2. Report of the bailiff as well as the contents of FIR have been gone through. According to the report detenu Iftikhar alias Mola has been shown arrested in the above said case, therefore, he did not bring him and Iftikhar detenu has been produced by Muhammad Sarwar in police manacles. The detenu has been seen having blood on his `qameez’ and he also made complaint that he was tortured by Respondent No. 2. SHO, Police Station Kahna is also present alongwith Muhammad Sarwar S.I. On the direction of this Court detenu was got medically examined verbally and learned A.A.G was directed to call any responsible high police official so that he may be shown physical position of the detenu and be apprised about the ferocious action of Respondent No. 2. Ghulam Mehmood Dogar, DIG (Operation) Lahore has entered appearance and has been apprised of the situation, replica of the medico-legal report of the detenu has been handed over to him who has undertaken to proceed with the matter in accordance with law.
5. Learned counsel for the petitioner submits that both the detenus in fact were quelled by Respondent No. 2 alongwith his subordinates from the `Haveli' of detenus on 13.02.2012 at about 10.11 a.m., thereafter, the male detenu was tortured and in order to save his skin Muhammad Sarwar S.I Respondent No. 2 has foisted a false case of death charge upon the detenu Iftikhar alias Mola. He has further submitted that a severe action with iron hands may be taken against Muhammad Sarwar S.I and the FIR being false and based upon mala fide may be quashed and the detenu may be set at liberty.
6. Heard. Record perused.
7. It is apparent that detenus were apprehended on 13.02.2012 at about 10.11 a.m as per the content No. 4 of the instant petition whereas date and time in the above mentioned FIR has been shown as 14.02.2012 at 11.40 a.m whereas FIR was lodged at Police Station 12.5 p.m. In these circumstances, it has prima-facie been established that prior to the lodgment of the instant FIR both the detenus were already in custody of Respondent No. 2, therefore, the instant FIR is hereby quashed and detenu is directed to be set at liberty by opening manacles. On the undertaking of DIG (Operations) that Respondent No. 2 shall be proceeded against in accordance with law and so far initiation of proceedings against Respondent No. 2 are deferred and further proceedings are adjourned in this case for 05.03.2012.
(A.S.) Order accordingly
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