Law: Criminal Procedure Code (V of 1898)

Section: 86A

Law: Constitution of Pakistan, 1973

Section: 199,247(7)

Law: Pakistan Penal Code, 1860

Section: 34,419,420

(a) Criminal Procedure Code (V of 1898)--- ----S. 86-A---Penal Code (XLV of 1860), Ss. 34, 419 & 420---Constitution of Pakistan Arts.199 & 247(7)---Constitutional petition---Removal of petitioner's custody from Pishin (Balochistan) to Kohat Tribal Area at the request of Assistant Political Agent (APA), Frontier Region, Kohat (Khyber Pakhtunkhwa)---Complaint against petitioner's brother under Ss.419, 420 read with S.34, P.P.C. and Frontier Crimes Regulation pending before APA for recovery of loan given to him abroad by complainant---Constitutional petition by petitioner after his release on bail by APA challenging act of officials of Balochistan Government handing over his custody to APA without complying with provisions of S.86-A, Cr.P.C.---Validity---Neither alleged in complaint that petitioner had borrowed any money from complainant nor did complaint make out commission of any criminal offence by petitioner---Alleged cause of action against petitioner's brother had accrued to complainant abroad and not within limits of Kohat Tribal Area and/or in Pakistan---Such complaint could not be construed to be in relation to a Tribal Area, thus, High Court had jurisdiction todecide such matter---Assistant Political Agent and Commissioner, Kohat Division had misused their powers by seeking arrest and removal of petitioner from Pishin to Kohat---Official respondents of Balochistan had violated mandatory provision of S.86-A, Cr.P.C. by not producing petitioner before Magistrate at Pishin, wherefrom he was abducted and taken to Kohat---Complainant had exploited entire machinery of State for private purposes and officers of two Provincial Governments had acted as his handmaidens---Impugned action of official respondents was patently unlawful and illegal---High Court while accepting constitutional petition directed the Federal Government to instruct Assistant Political Agent, Commissioner, Kohat Division andHome Secretary of Khyber Pakhtunkhwa Province not to take any action against the petitioner pursuant to such complaint---High Court further directed Government of Pakistan, Government of Balochistan and complainant to pay Rs.10,000 each to thepetitioner as costs.…

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