JUNAID QAMAR vs SESSIONS JUDGE, WEST ISLAMABAD Ss — 2023 PCrLJ 305 ISLAMABAD

Case information

Citation: 2023 PCrLJ 305 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PCRLJ
Parties: JUNAID QAMAR vs SESSIONS JUDGE, WEST ISLAMABAD Ss
Subject matter: Criminal
Provisions referred to: S. 60; S. 61; S. 167

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

JUNAID QAMAR VS SESSIONS JUDGE, WEST ISLAMABAD Ss. 60, 61 & 167---arrest---Transitory remand---Petitioner was aggrieved of his arrest by police in place "ICT" on the basis of FIR registered at place "M" and grant of transitory remand---Validity---In order to safeguard interest of a person so arrested, police officer under S. 60, Cr.P.C. without unnecessary delay was to present a person arrested before Magistrate having jurisdiction in the case or before office incharge of a police station---No person under S. 61, Cr.P.C. could be detained by police officer who was arrested without warrant for a period longer, under all circumstance of the case was reasonable and in absence of the order of Magistrate under S. 167, Cr.P.C. for more than twenty four hours exclusive of the time necessary for the journey from place of arrest to Court of Magistrate---Competent Magistrate in the case or incharge of police station was of place "M", arresting officer of Police Station at place "M" presented petitioner before Magistrate within whose jurisdiction petitioner was arrested on 5.7.2022 with the plea that transitory remand was granted which accordingly was done vide order dated 06-07-2022---Petitioner was presented within 24-hours and there was no violation of laws---Order granting transitory remand also met the requirement of relevant laws---High Court declined to interfere as petitioner failed to point out any illegality or transgression in jurisdiction of Magistrate---Constitutional petition was dismissed, in circumstances.

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