Law: Constitution of Pakistan, 1973

Section: 199

Law: Penal Code (XLV of 1860)

Section: 324,336,337-F(iii),337-F(i),417(2-A)

Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 324, 336, 337-F(iii), 337-F(i) 417(2-A)--Request for physical remand--Declined--Revision petition--Dismissed--Maintainability--Challenge to--On analogy of Section 417(2-AJ Cr.P.C, petitioner is an aggrieved person and after dismissal of revision petition by Additional Sessions judge filed by State, has locus standi to file instant petition before this Court, thus, objection raised by counsel for respondent regarding maintainability of this petition, is not tenable in view of law laid down by Superior Courts on subject--It is observed that respondent remained on physical remand with investigating officer for nine days for purpose of recovery of weapon of offence, i.e. pistol but during this period, no substantial progress has been  made by him in this regard--Magistrate, in impugned order has rightly observed that investigating officer was seeking physical remand of accused in stereo-type manner and had not made any hectic effort to conclude investigation despite availing nine; days physical remand of accused--Magistrate was not under obligation to grant full fourteen days physical remand of accused-respondent at whims and wishes, of complainant or investigating officer--Due to efflux of time, there is hardly any possibility of effecting recovery of weapon of offence on pointing out of respondent in case this petition is allowed and physical remand of respondent for further five days is granted to investigating officer--For what has been discussed above, no perversity, illegality and material irregularity has been found in impugned order/ passed by both Courts below--Petition was dismissed. [Pp. 236 237] A, B, C D ORDER Through the instant writ petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called-in-question the vires of order dated 02.09.2019 passed by learned Magistrate Section-30, Shujabad, whereby request of the investigating officer for granting five days physical remand of Talha alias Talli/Respondent No. 5 (hereinafter to be referred as ‘the respondent) accused of case FIR No. 03/19 dated 02.01.2019,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492