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Writ Petition No.2053 of 1986, decided on 16th March, 1987.
---Ss.491 & 173--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Art.11--Habeas corpus--After discharge of an accused on a police report, police, held, was not competent to reopen case and summon him without orders of competent Court.
Awan Muhammad Hanif Khan for Petitioner.
Rao Hamid Mukhtar for Respondents.
The facts necessary for the disposal of this petition are that Qamar Abbas, the alleged detenu, was arrested in the case F.I.R. No.174/85 dated 13-3-1985 under Article 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for the abduction of Mst. Iffat Parveen. After investigation no material was found against him and he was got discharged by the police on 27-4-1986. Later S.H.O., P.S. Township, Lahore again summoned him to the police station for joining the investigation.
On the application of the petitioner a bailiff was deputed to raid Police Station Township, Lahore for the recovery of Qamar Abbas the alleged detenu and at the time of raid he was found present in the premises of the police station. The S.H.O. informed the bailiff that he has called him to the police station in connection with investigation of-the aforesaid case.
2. Learned counsel for the petitioner states that after discharge of an accused on a police report the police is not competent to reopen the case without obtaining orders of the Magistrate which admittedly has not been done in the present case. The S.H.O. concedes this legal proposition and stated that Qamar Abbas shall not be summoned without obtaining orders of the competent Court.
3. In this view of the matter, the petitioner has no grievance. The S.H.O. shall inform the other investigating agencies about the statement made by him on this legal proposition. Accordingly, the petition stands disposed of.
4. However, the petitioner may pursue other available legal remedies against S.H.O., P.S. Township, Lahore or other persons at fault for the alleged illegal detention.
M. Y. H./M-397/L Petition disposed of.
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