Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 167--- Physical remand/police custody on application of complainant/private person after judicial remand---Permissibility---Magistrate had sent the accused to the judicial lockup, as he was no more required for physical remand by the police---District Public Prosecutor, nor any other representative of the State, had raised any objection, while the accused was being sent to the judicial lockup---State had also not assailed the order of judicial remand, and the complainant alone had impugned the same in his private capacity---Section 167, Cr.P.C. was clear on the point that any person in his private capacity could not have applied for the police custody of the accused---Impugned order of physical remand was set aside accordingly. Bahadur and another v. The State and another PLD 1985 SC 62; Malik Hakim Khan v. The State and others 2016 PCr.LJ 402 and Abdul Hassan v. The State and others 1969 SCMR 215 rel. THIS ORDER PASSED BY: ERUM SAJAD GULL, JUSTICE:----------- Through this petition, the petitioner has impugned the order dated 28.05.2016 passed by the learned Additional Sessions Judge, Faisalabad whereby the petitioner was directed to be produced along with the record by the Investigating Officer before the learned Illaqa Magistrate for physical remand. 2. The learned counsel for the petitioner has contended that the order impugned is an illegal order as the petitioner was sent to the judicial lockup vide order dated 17.05.2016 passed by the learned Judicial Magistrate; that it was the prerogative of the learned ADPP to request for the physical remand of the accused but he never moved any application for the remand of the petitioner hence,…

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