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Criminal Miscellaneous No. 594 of 1978, decided on 2nd June, 1979.

‑‑---S. 561‑A‑Quashing of proceedings‑Offence allegedly falling under S. 82 of Motor Vehicles Act punishable to Rs. 200‑Offence under Ss. 186 and 365, P. P. C. not made out from contents of F. I. R. ‑Peti tioner already remaining under arrest for 9 days on argument with a constable as such punished more than enough‑Proceedings quashed, in circumstances‑West Pakistan Motor Vehicles Act (XIX of 1965), S. 126 and Penal Code (XLV of 1860), Ss. 186 & 365.

Rashid Akhtar for Petitioner.

Ghulam Ali Agha for the State.

An F. I. R. was lodged by the Constable Mohammad Jamshed at Nabi Bux, P. S. Karachi, under sections 186/365, P. P. C. alleging that the applicant Haji Abdul Sattar was coming in a car and made a U‑turn nearby K. M. C. Workshop at Nishter Road. The complainant who was a Traffic Constable directed the petitioner to park the car on a side. The petitioner parked the car but started an argument with complainant which created a traffic jam. Thereupon the constable sat in the car. The petitioner is alleged to have locked the car and instead of parking it on the side he started driving the car the constable sitting in the said car. The petitioner also threatened the constable. The constable bad directed the accused to proceed towards Nabi Box, P. S. but instead of that the accused proceeded towards Juna Market and it was after a great deal of commotion that the complainant was able to get the car stopped up to the Risala, P. S. and thereafter the petitioner arrested and took him to Nabi Bux, P. S. and lodged the F. I. R. The petitioner was arrested for the said offence for 9 days before he was bailed out.

Mr. Rashid Akhtar has contended that the complainant had no right to arrest the petitioner as a mere traffic offence under section 82 of the Moto Vehicles Act have been committed which was merely detenus by the Dis trict Magistrate, and that being so, the orders of detention in question became a illegal, so also no earliest opportunity for filing a representation was afforded to be detenus. In the circumstances above a bar of jurisdiction under section 23 of the Ordinance is removed and the High Court in the exercise of powers under section 491, Cr. P. C. is within its competence to look into the matter for its being illegal in respect of detentions in question so as to redress a wrong done to a person by the executive authority.

In the result this petition in accepted and the orders of detention in question are hereby rescinded and the immediate release of Raja Ibrar Hussain, Bashir Ahmad Awan, Manzoor Hussain Shah and Gul Majid Khan is ordered hereby. The Superintendent Jail, Muzaffarabad is to set them free forthwith, if not wanted in connection with some other case.

Petition accepted.

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