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Criminal Revision No. 216 of 1972, decided on 27^th March 1972.

Ss. 167 & 344 Remand to police custody‑Accused absconding and avoiding police arrest‑Subsequent surrender before Magistrate‑Magistrate can remand such accused to police custody for purpose of investi gation.

The statutory right of the police to investigate a cognizable offence cannot be circumvented by the accused by avoiding the police and surrendering before a Magistrate.

State v. Fateh Muhammad Criminal Appeal No. 20 of 1971 rel.

Muhammad Hayat and another v. The State 1969 P Cr. L J 786 not fol.

Malik Muhammad Afzal for Petitioner.

S. M. Tayab for the State.

Nemo for Respondent No. 2.

The petitioner felt aggrieved by the order of the trial Magis trate, dated the 15th of March 1972, whereby the prayer of the local police for being handed over the personal custody of Nisar Khan accused, who had reportedly absconded in the first Instance in a case of murder, was refused. The learned Magistrate had relied on the judgment of the High Court reported as Muhammad Hayat and another v. The State (1969 P Cr. L J 786). The petition was admitted with notice to the respondents for today. Learned counsel for the petitioner has placed before me a certi fied copy of an unreported judgment of the Supreme Court, dated the 17th of March 1972, passed in State v. Fateh Muhammad Criminal Appeal No. 20 of 1971. Setting aside the order of my learned brother Ghulam Safdar Shah, J., dated the 11th of November 1970, passed in Criminal Miscellaneous No. 7448 of 1970, their Lordships have held after elaborate discussion that "the statutory right of the police to Investigate a cognizable offence cannot be circumvented by the accused by avoiding the police and surrendering before a Magistrate". Accordingly, I allow this petition and set aside the impugned order.

Order accordingly.

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