Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 491(b)---"Illegally"---Connotation---Expression "illegally" used in S.491(b). Cr.P.C. connotes an act which is contrary to law or prohibited by law and resort thereto led to detention of a detenu. (b) Criminal Procedure Code (V of 1898)--- ----S. 491----Penal Code (XLV of 1860), Ss.131/124-A/468/469/471/ 500/505/109---Habeas corpus petition---Police on the basis of a complaint disclosing reasonably the commission of a cognizable offence had registered a case against the accused (alleged detenu) which was taking its own course---Question whether an offence was made out from the contents of the F.I.R. and the material placed by the complainant before the Station House Officer of Police/Investigating Officer was the subject-matter of investigation and any observation about these facts was not proper and appropriate as the same might cause serious prejudice to either of the parties---Police was vested with the jurisdiction to act on the information in respect of cognizable offences and after registering the case to proceed with the investigation---Physical remand of the accused had been obtained by the police and now he was in Jail on judicial remand---Police, prima facie had acted in accordance with law---Arrest and detention of accused, thus, was not illegal---Habeas corpus petition was misconceived and was dismissed accordingly----Request for converting the petition into a bail application was not tenable because for seeking bail proper remedy was provided under Ss.497 & 498, Cr.P.C. and the High Court while regulating its jurisdiction had to act in a manner whereby normal scheme of law was not disturbed. Farooq Bedar v. Inspector-General of Police PLD 1969 Lah. 1020 distinguished. Government of Sindh v. Raeesa Farooq 1994 SCMR 1283; Mst. Razia Shaheen v. The State PLD 1997 Lah. 659; Mst. Meeran Mai v. Station House Officer PLD 2001 Lah. 459 ; 1999 PCr.LJ 592; Muhammad Sadiq v. S.H.O. 1999 PCr.LJ 1439; Muhammad Sadiq v. S. H. O., P.S. Saddar, Arifwala 1999 PCr.LJ 1786; Wajid Abbas v. Raja Waheed, Sub-Inspector 1999 PCr.LJ 194; Zabih Ullah v. S.H.O. 1999 MLD 399; Mst. Fatima v. Kamil Shah and others 1996 PCr.LJ…

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