Case Details

Citation(s)
2022 SLG 244 2022 SLD 244 2022 PLD 224
Lahore High Court
Criminal Miscellaneous No. 52238-H of 2021, decided on 1st September, 2021.
MUHAMMAD TARIQ NADEEM, JUSTICE
Shafiq Ahmad Bhutta for Petitioner.

QARI MUHAMMAD ATTA ULLAH

VS

DISTRICT POLICE OFFICER, SIALKOT AND ANOTHER

Law: Police Rules, 1934

Section: 25,55(3)

(a) Police Rules, 1934--- ----R. 25.55(3)---Police Order, 2002, R. 155(c)---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus---Case dairies---Maintenance---Misconduct---Detenu was recovered from police station and his arrest was not mentioned in Roznamcha (daily dairy) of the police station---Contention of authorities was that the detenu was arrested in investigation of a criminal case but no case dairy could be produced in support of such plea---Validity---Case diary was not personal property of investigating officer---On returning of investigating officer from investigation of case at police station, he under R. 25.54(3) of Police Rules, 1934, was to number and date each case diary mentioned at the back side of FIR available at police station in relevant FIR register---Station House Officer and investigating officer exceeded their powers and jurisdiction and committed gross misconduct which fell within the ambit of offence under S.155 (c) of Police Order, 2002---High Court directed police authorities to register FIR against the two officials---Constitutional petition was disposed of accordingly. Asmat Parveen v. The State PLD 2021 Lah. 105 rel. (b) Police Rules, 1934--- ----R. 25.55(3)--- Investigation--- Case dairies--- Maintenance---Procedure---To curb illegal practice of police officials regarding arrest and production of accused before Area Magistrate, High Court issued directions:-- Following directions were issued by the High Court:-- i) Whenever, a person is arrested in any case, his arrest be incorporated forthwith in computerized as well as manual roznamcha with date and time; ii) Similarly, when an accused is taken out from the police station for any purpose, a rapat should be written in this regard, vice versa on his return this practice should be adopted; iii) To make the process of entry in roznamcha transparent, it is ordered that entries in manual roznamcha (register No. 2) be made through ball-point. iv) Moreso, when the accused will be produced before the learned Area Magistrate for the physical or judicial remand, date and time of arrest must has been mentioned in the application for obtaining remand and in case…
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