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Criminal Petition for Special Leave to Appeal No. K‑48 of 1968, decided on 9th January 1969.
(On appeal from the judgment and order of the High Court of West Pakistan Karachi Bench, Karachi, dated the 10th September 1968, in Criminal Revision No. 108 of 1968).
S. 344‑Remand of accused‑Accused remanded to judicial custody by Magistrate Complainant pressing for remand to police custody‑.Held : no provision in law requiring accused to be handed over to police custody when police does not want accused for investigation.
Nathulal, Advocate Supreme Court instructed by V. A. Kidwai, Attorney Supreme Court for Petitioner.
Nemo for the State.
Date of hearing : 9th January 1969.
This‑ petition is directed against an order of a learned Single Judge of the High Court of West Pakistan, Karachi, dismissing an application under section 439, Cr. P. C. The petitioner lodged a First Information Report against respondents Nos. 2, 3 and 4 for the murder of his father, Arz Muhammad. The police submitted challan against respondents Nos. 3 and 4 and showed respondent No. 2 as absconder. Latter respondent No. 2 surrendered in the Court of Civil Judge and First Class Magistrate at Sangar, who remanded him to judicial custody. . The petitioner moved the Court to remand respondent No. 2 to police custody so that necessary investigation against him might be completed.. The prayer was refused. The learned Judge in the High Court while rejecting the application under section 439, Cr. P. C. observed "there is no provision in‑ law for directing the accused to be handed over to police for the purpose of investigating an offence when the police does not want the accused for the purpose of investigation."
The learned counsel for the petitioner has failed to point out' any provision of law which authorises such directions which was prayed for in the Courts below.
The petition has no merits and is, therefore, dismissed.
Leave refused.
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