Law: Code of Criminal Procedure (CrPC), 1898

Section: 491

(a)    Criminal Procedure Code (V of 1898)-------S. 491---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus---Illegal detention of a person in police custody---Lodgment of FIR against police officials involved---Police report showed that during the investigation of case FIR No.1048/24, robbed motor-cycle of case FIR No.71/24 was recovered at the instance of the alleged detenu and the same was taken into possession by the Investigating Officer of case FIR No.71/24 vide case diary No.1 dated 07.04.2024--Admittedly at that time the detenu was in judicial lock up but Investigating Officer intentionally avoided arresting the detenu in the said case---Notable that detenu was not nominated in case FIR No.71/24 and he was involved in the said case upon his own disclosure while in police custody which was not admissible piece of evidence---Apparently, ASI of concerned Police Station, had earlier apprehended the detenu and when the Court took notice, he opted to send him on judicial remand, and when his illegal exercise of power was brought in the notice of his high-ups by the High Court, he nurtured grudge against the detenu and in order to teach him a lesson, illegally confined him, and when the petitioner filed instant petition, he in order to save his skin, in active connivance with the SHO, created evidence against the detenu and involved him in case FIR No.71/24---Had it not been so, the Investigating Officer of said case would have arrested the detenu on the very date, when the case property was taken into possession by him---It had been established on record that ASI of concerned Police Station with the active connivance of SHO forcibly abducted the detenu and when the Court took notice of his illegal confinement, created false and fabricated evidence against him in order to save their skin, therefore, the petitioner was directed to file an application for registration of criminal case against both the said Police Officials before the District Police Officer, concerned, who shall lodge the FIR against them under the relevant provisions of law without wastage of any time, under intimation to High Court---Petition was…

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