Qari MUHAMMAD ATTA ULLAH vs DISTRICT POLICE OFFICER, SIALKOT R — 2022 PLD 224 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 224 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: Qari MUHAMMAD ATTA ULLAH vs DISTRICT POLICE OFFICER, SIALKOT R
Subject matter: Criminal
Provisions referred to: S. 155

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Qari MUHAMMAD ATTA ULLAH VS DISTRICT POLICE OFFICER, SIALKOT R. 25.55(3)---Police Order, 2002, R. 155(c)---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus---Case dairies---Maintenance---Misconduct---Detenu was recovered from police station and his arrest was not mentioned in Roznamcha (daily dairy) of the police station---Contention of authorities was that the detenu was arrested in investigation of a criminal case but no case dairy could be produced in support of such plea---Validity---Case diary was not personal property of investigating officer---On returning of investigating officer from investigation of case at police station, he under R. 25.54(3) of Police Rules, 1934, was to number and date each case diary mentioned at the back side of FIR available at police station in relevant FIR register---Station House Officer and investigating officer exceeded their powers and jurisdiction and committed gross misconduct which fell within the ambit of offence under S.155 (c) of Police Order, 2002---High Court directed police authorities to register FIR against the two officials---Constitutional petition was disposed of accordingly.

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