Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3)Enough material existing on record justifying Magistrate to issue process against accused -PetitionerHigh Court's order accepting revision petition and directing Magistrate to hold further enquiry, held, passed on proper grounds. ORDER WAHEEDUDDIN AHMAD, J. --The -Petitioner, in May 1970, was S. H. O. of Malir Police Station, Karachi. On the 21st May, 1970, an F. I. R. was lodged at Police Station, Malir against Syed Shabbir Hussain and another under section 392/34, P. P. C. It is alleged that the accused were arrested on the same day at midnight from the hotel of -Respondent No. 2. The, -Petitioner's case is that during investigation, the accused Syed Shabhir Hussain pointed -Respondent No. 2 to be one of his gangsters. -Respondent No. 2 who was returning to his house on the 1st June, 1970, at about 1115 p.m. was called by the -Petitioner. He asked him to accompany him in a taxi. The -Petitioner ordered the -Respondent to sit in a taxi and when the latter asked the reason why he was being taken away, the -Petitioner lost his temper and abused him. The -Petitioner and his companions Ghulam Nabi and Mohammad Ashraf forcibly took the -Respondent in a taxi. The, -Respondent was taken to the OutPost of Malir Police Station. Safdar Zaman and Noor Muhammad were ordered by the -Petitioner to drag the -Respondent inside the Police Outpost. Thereafter, it is alleged that the -Respondent was beaten by Safdar Zaman and Noor Mohammad and was given fist blows and snaps in a room in the presence of the -Petitioner. It is further alleged that the -Petitioner and his companions deprived the -Respondent of his cash of Rs. 251, a Rolex watch, some receipts, match box, keys of the hotel and the handkerchief. The allegation of the -Respondent is that at the instance of the -Petitioner, he was taken in a separate room and was asked to take off all his clothes in order to make him naked. He was then asked to disclose the whereabouts of two unknown Pathans who used to visit the hotel of the -Respondent. On his refusal to disclose the whereabouts of the said persons, he was beaten. It is alleged that the -Petitioner detained the…

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