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Criminal Petition for Special Leave to Appeal No. 65 of 1973, decided on 14th June 1973.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated the 8th March 1973 in Criminal Misc. No. 129/Q of 1973).
, Ss. 491 & 561‑A Accused released by High Court on habeas corpus petition Accused's prayer that police be prohibited from further investigation refused by High Court, with the observation, however, that Police will proceed with case "only if the law permits"‑Order of High Court not disturbed by Supreme Court.
Mian Faqir Mohammad, Advocate Supreme Court instructed by 1qbal Ahmad Qureshl, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 14th June 1973.
.‑This leave petition is from an order of a learned Single Judge of the Lahore High Court rejecting a prayer for the quashment of proceedings in a case under section 452/366/148/149, Pakistan Penal Code, stated to be pending against the petitioners in the Court of Resident Magistrate, Pakpattan, District Sahiwal.
The facts briefly are these: On 10‑10‑72 on a report made by one Amir son of Pehalwan a case under section 452/366/148/: 149, Pakistan Penal Code, was registered against the petitioners for the forcible abduction of Mst. Bashiran (a sister of petitioner No. 6) claiming her to be his wife. In the course of investigation, the petitioners were arrested and Mst. Bashiran was also recovered. The latter was produced before a Magistrate who recorded her statement under section 164, Cr. P. C. in which she repudiated the allegations as to her forcible abduction. Later, on a report by the police, the petitioners were discharged.
On 2‑12‑72 Amir moved a habeas corpus petition (Criminal Miscellaneous No. 711‑H of 1972) for the recovery of Mst. Bashiran from the alleged illegal detention of the petitioners. The petition was however withdrawn.
It appears that Amir has moved the local Police again for further investigation of the case and the petitioners were re‑arrested. On a habeas corpus petition (Criminal Miscellaneous No. 100/H of 1973) they were set at liberty by the High Court. The further prayer for an order prohibiting the Police to further investigate the case was however refused by the learned Single Judge with the observation that the police will proceed with the further investigation of the case only "if the law permits them". Feeling aggrieved by this part of the order, the petitioner has moved leave petition.
We have no doubt that the petition is wholly misconceived. No order by a Magistrate or by a superior police authority has been placed on the record directing further investigation of the case.
The petition is accordingly dismissed.
Leave refused.
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