Case Details

Citation(s)
2005 SLG 1869 2005 SLD 1869 2005 PLD 40
Sindh High Court
C. P. No. D-476 of 2002, decided on 11th August, 2003
AMIR HANI MUSLIM, J
Ayaz Hussain Tunio for Petitioner.

MUHAMMAD ANEES

VS

SALIM RIND and 3 others

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 154, 550 & 523---Penal Code (XLV of 1860), Ss. 411 & 412--­Constitution of Pakistan (1973), Art.199---Registration of F.I.R. in respect of car seized by Officials of Anti-Car Lifting Cell---Police Officers seized car from place "H", but registered F.I.R. at place "K" after five (5) months and six (6) days without getting car released from Courts at place "H" under Ss. 550 & 523, Cr.P.C.---Validity---Such actions of Police Officers clearly showed abuse of their authority in uniform---Such actions, if not checked, would create life of innocent citizens miserable---District Police Officer in his report had found such Officers guilty of actions not protected under law---Such illegal acts of Police Officers constituted cognizable offence---High Court directed D.P.O. at place "H'" to register case against such Police Officers and any other person guilty and/or having abetted commission of such acts in the light of his report---High Court further directed I-G. Police to initiate departmental proceedings against such Police Officers and not to give them any field posting till findings of proposed prosecution and/or departmental proceedings exonerating them of alleged acts--High Court further clarified that violation of its order would be treated as contempt of order of Court and person violating same would be proceeded against under Contempt Act. (b) Administration of justice--- ----Illegal action of Police officers showing abuse of their authority to uniform---Validity---Such action, if not checked, would create life of innocent citizens miserable---Exercise of powers were subject to restrictions that law imposed upon such officers---Such powers were subordinate to rights of citizens guaranteed under the Constitution----No Police Officer was allowed in law to implicate innocent citizen in false case by fabricating material against him to extort either money or his property---Criminal Procedure Code (V of 1898), S.154. ORDER This matter is fixed for orders on the report of the DPO, Hyderabad, Sindh, which he has submitted pursuant to the order passed by this Court on 27-1-2003. Para. 4 of the report of DPO,…
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