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Petitioner: MUHAMMAD SALEEM VS Respondent: PUNJAB GOVERNMENT
1988 P Cr
1988 P Cr. L J 2020
[Lahore]
Before Muhammad Afzal Lone, J
MUHAMMAD SALEEM‑‑Petitioner
versus
PUNJAB GOVERNMENT and others‑‑Respondents
Writ Petition No. 2987 of 1986, decided on 22nd September, 1986.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 86‑A‑‑Penal Code (XLV of 1860), Ss.406, 409 & 420‑‑Frontier Crimes Regulations, 1901, S.11‑‑Service of process‑‑Summons issued by Assistant Political Agent‑‑District authorities obliged to comply with mandatory provisions of S.86‑A, Cr.P.C. while executing processes issued against petitioner.
Syed Iftikhar Hussain Shah for Petitioner.
Rashid Aziz Khan A.‑G. and Tanvir Ahmad Khan, Addl. A.‑G. for Respondents.
ORDER
In pursuance of the warrants issued against the petitioner by the Assistant Political Agent, Mir Ali, North Waziristan Agency, who is respondent No.5 herein, in the criminal proceedings under section 406/409/420, P.P.C. commenced against him at the instance of respondent No. 6 under section 11 of the Frontier Crimes Regulations, 1901, the petitioner was arrested by the Lahore Police and produced before respondent No.5. He was released on bail by the Commissioner, Dera Ismail Khan, on 18‑4‑1985. As the petitioner did not enter appearance before the Assistant Political Agent, he issued summons (Annexure 'D') requiring him to appear in his Court on 27‑7‑1986. The validity of this summons '(while due to efflux of time is no longer exclusive now) and the proceedings pending before the Assistant Political Agent has been called in question through writ petition, on a number of grounds which need not be enumerated here in detail, for in his submissions, the main relief, sought by the petitioner's learned counsel is that when the processes, are executed against him, he may be dealt with in accordance with the provisions of section 86‑A, Cr.P.C. The learned Advocate‑General, who has entered appearance on the asking of the Bench, has also been heard. In view of the mandatory nature of the provisions of section 86‑A, ibid, he states that the District authorities shall have to comply therewith. It being so, it is obvious that if and when the situation arises, the authorities concerned shall proceed in the matter in accordance with the provisions of section 86‑A, Cr.P.C.
With these observations, the writ petition is disposed of.
S.A. /M‑819/L Writ petition disposed of.