RASHID vs THE STATE AND 2 Other — 1970 PLD 389

Citation: 1970 PLD 389

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-22

Parties: RASHID vs THE STATE AND 2 Other

Headnotes

Case cited as PLD 1970 Lahore 389

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: RASHID vs THE STATE AND 2 Other Case No.: Criminal Miscellaneous No. 5840-H of 1969 Date of Judgment:1969-10-22 Reported As: PLD 1970 Lahore 389 Result: Petition dismissed JUDGMENT JUDGMENT This is an application by Faqir Muhammad, under section 491, Cr. P. Code for the release of Rashid, who is said to be "illegally" or "improperly" detained in custody. 2. The facts are as follows. A case under sections 302/307/ 326/149 and 148, P. P. C., was registered on the 18th of July 1969, against Rashid and thirteen others, at Police Station Muridke, District Sheikbupura, at the instance of one Sadiq A.I. This petition was moved on the grounds, firstly, that Rashid had been in detention for more than fifteen days without a charge-sheet being filed, and that this could not be done under section 1'67, Cr. P. Code and secondly, the Magistrate was not competent to remand the accused to custody under section 344, Cr. P. Code without assigning the reasons and in the absence of the charge---sheet. 3. Learned counsel for the petitioner stoutly urged that from the evidence of Syed Muhammad Hussain, Sub-Divisional Magistrate, Ferozewala, and Muhammad Ashraf, Station House Officer, Police Station Muridke, District Sheikhupura, it is obvious that the orders of remand were illegal, as the Magistrates gave no reasons for remanding the under trial prisoner to judicial custody, as they were required to do, by section 344, Cr. P. Code. It…

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