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Abdul Hadi Chatta vs State S — 2025 PCrLJ 622 ISLAMABAD

Case information

Citation
2025 PCrLJ 622 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Abdul Hadi Chatta vs State S
Subject matter
Criminal
Provisions referred to
S. 7---P; S. 167---A; Penal Code (XLV of 1860); Criminal Procedure Code (V of 1898)

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

Abdul Hadi Chatta VS State S. 7---Penal Code (XLV of 1860), Ss. 186, 353, 506, 148 & 149---Criminal Procedure Code (V of 1898), S.167---Act of terrorism, obstructing and assault on public servant in discharge of public functions, criminal intimidation and rioting armed with deadly weapons---Physical remand---Copy of order not sent to Sessions Judge---Accused assailed order passed by Trial Court extending physical remand without sending copy of the order to Sessions Judge---Validity---It is a rule that every time when physical custody is granted to police, order is to be remitted to Sessions Judge for information and perusal---This rule had not been followed which should be complied with in letter and spirit---Sessions Judge exercises supervisory jurisdiction with respect to all courts under his jurisdiction and also acts as a check mechanism---Order for grant of physical custody is not to be taken lightly inasmuch liberty of a person is involved and there has to be application of mind while deciding request of police authorities---Police authorities are also to make specific request as to why physical custody of a person is required---High Court set aside the order of grant of physical remand of accused to police, as the same did not comply with the requisite law---Revision was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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