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Petitioner: BAHLAK KHAN VS Respondent: STATION HOUSE OFFICER, KURRHonorable Justice Munir A. Sheikh
1994 P Cr
1994 P Cr. L J 2428
[Lahore]
Before Munir A. Sheikh, J
BAHLAK KHAN---Petitioner,
Versus
STATION HOUSE OFFICER, KURR---Respondent
Criminal Miscellaneous No. 177/H of 1994, decided on 16th March, 1994
Criminal Procedure Code (V of 1898)---
--- S. 491---Habeas corpus petition ---Detenus according to bailiff's report were found. in the Police post in handcuffs who vide an entry in the Roznamcha had been taken into custody under S.54, Cr.P.C. in connection with a case registered under 5.379, P.P.C.---After inquiry, however, the alleged detenus were found innocent and at present stood discharged by an order of the Magistrate---Petition having borne fruit was disposed of accordingly.
Ch. Yunus Ali Sulehria for Petitioner.
Date of hearing: 16th March, 1994.
ORDER
It has been stated in the petition that no criminal case has been registered against the alleged detenus and they are being illegally detained in the Police Post Kurr. The application has been supported with an affidavit from which it appears to be a case of illegal detention. Bailiff of this Court is directed to recover the alleged detenus from the Police Post Kurr/respondent No.2 and produce them before this Court on 12-3-1994. The expenses of the bailiff shall be borne by the petitioner.
According to the report of bailiff the alleged detenus who are present in person today in the Court, were found in Police Post in handcuffs. According to the entry in the ' Roznamcha' they were taken into custody on 10-3-1994 at 7-30 a.m. under section 54 of Cr.P.C. in connection with a case F.I.R. No.288/93 A registered under section 379 at Police Station Bahlak. The complainant of the said case expressed doubts that the alleged detenus were responsible for stealing his buffaloes etc.
2. He says that after taking the alleged detenus into custody, he obtained remand from the Court of learned Magistrate and after inquiry it was found that the alleged detenus were innocent, therefore, he made a report for their discharge and the Magistrate passed the order and at present they stand discharged. In this view of the matter the petition has borne fruit and is disposed of.
3. Learned counsel for the petitioner says that the petitioners in fact were taken into custody since 2-3-1994 without any reason, therefore, their arrest amounted to illegal detention. Be that as it may, the petitioner may approach the S.H.O. concerned for the registration of the case against the person allegedly responsible to detain the petitioner in illegal custody. Disposed of.
N.H.Q./B-137/L Order accordingly.