| Citation(s) |
|---|
| 1984 SLG 3749 = 1984 SLD 3749 = 1984 PLJ 257 |
Lahore High Court
Writ Petition No. 193/1984, decided oo 9-4-1984.
Presented By: IJAZ NISAR, J.
Mr. Aiif Saeed Kbaa Khosa, Advocate for Petitioner. Date of hearing : 9-4-1984,
Writ Petition No. 193/1984, decided oo 9-4-1984.
Presented By: IJAZ NISAR, J.
Mr. Aiif Saeed Kbaa Khosa, Advocate for Petitioner. Date of hearing : 9-4-1984,
NADEEM MANZAR MALIK— Petitioner
VERSUS
STATION HOUSE OFFICER, POLICE STATION A DIVISION. SAHIWAL and 5 Others—Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 23
(i) Provisional Constitution Order (CMLA's 1 of 1981)— -- Art. 9 read with Criminal Procedure Code (V of 1898)— Ss. 154 to 176, Police Act (V of 1861)— S. 23 & Police Rules, 1934— R, 25.2— Registration of case — Effect of' — Police — Statutory obligation to investigate— Writ jurisdiction— Interference in— Held : Police Officers though under statutory obligation to investigate matter on registration of case, such authority to investigate having been derived from Criminal Procedure Code, Police Act and rules raadc thereunder, Police Officials not to act capriciously or whimsically-— Hel4 Police Officials being as much bound by law on any other person, their actions not warranted by Saw to be (competently) declared as without lawful! authority. [P. 25 Cii) Criminal Procedare Code (V of 1898)- >Ss. 154 to 176—See : Provisional Constitution Order (CMLA's 1 of 1981)— Art. 9. (iii) Police Aet (V of 1861)— - — S, 23— See : Provisional Constitution Order CMLA's I of 1981)— Art. 9. (h ) Punjab Police Rales, 1934— — — -R. 252— See: Provisional Constitution Order (CMLA's 1 of 1981)—-Art, 9, ORDER This constitutional petition under Article 9 of the Provisional Consti­tution Order, 1981 has been moved by Nadeem Manzar Malik petitioner for issuing a direction to the police to act strictly within bounds of law and oof to transgress the limits of their authority. 3. The facts necessary for the disposal of this petition are that Badiuz Zamat) respondent got a case registered under section 1 1 of the Offence of Zina (Enforcement of Hudood) Ordinances 1979 against Clement John aad Malik Asbfaq brother of the petitioner for the abduction of his daughter Mst. Zanobia. It is alleged that after the registration of the said case the police had been raiding the house of the petitioner and his relatives for the recovery of Mst, Zanobia and for effecting the…