2020 LHC 711 Judgment Regarding Section 491 CrPC
Tahir Mahmood Gujjar versus The State etc.
J U D G M E N T
FAROOQ HAIDER, J.:- Through instant revision petition, Tahir Mahmood Gujar (D.S.P., C.I.A. Headquarter, Gujranwala/petitioner) has challenged the vires of order dated: 06.11.2012 passed by learned Sessions Judge, Gujranwala, whereby he has been directed to pay compensation amount of Rs.10,000/- to each detenu namely Nabeel, Muhammad Tariq Javed, Musa Tariq and Allah Ditta, for their illegal detention.
- Brief facts of the case are that Riaz Begum (present respondent No.2) filed application under Section 491 Cr.P.C. (appended with instant petition as Annexure-A) before learned Sessions Judge, Gujranwala while alleging therein that Station House Officer of Police Station: Kotwali, District Gujranwala (now respondent No.3) and Arshad Gadhi, S.I. Police Station: Kotwali, District Gujranwala (now respondent No.4) have taken Nabeel (son-in-law of her son), Muhammad Tariq Javed (her
son-in-law), Moosa Tariq (her grand-son) and Raza Ullah (her son-inlaw), kept them in premises of C.I.A. Staff, Gujranwala in illegal Criminal Revision No. 1090 of 2012 2 detention and prayed for their recovery; learned Sessions Judge, Gujranwala vide order dated: 09.10.2012 appointed Mr. Abdul Sattar (English Clerk) and Mr. Muhammad Iqbal (Stenographer) as Bailiffs
with authority to recover aforementioned detenus from custody of C.I.A. Staff, Gujranwala and Police Station: Kotwali, District Gujranwala, respectively; Muhammad Iqbal (Bailiff mentioned above) conducted raid in the premises of Police Station: Kotwali, District Gujranwala and could only find Raza Ullah (detenu mentioned above) sitting in the room of one Muhammad Arshad A.S.I., who told him that he has come to the police station of his own and was neither arrested nor in illegal
detention; Muhammad Iqbal (Bailiff mentioned above) submitted his report dated: 09.10.2012 (appended with instant petition as Annexure-C) in the Court; Abdul Sattar (Stenographer/Bailiff mentioned above) conducted raid in the premises of C.I.A. Staff, Gujranwala and found Nabeel, Muhammad Tariq Javed and Moosa Tariq (detenus mentioned above) sitting in Barrack No. 1 of Constables and two police constables namely Tanvir Hussain 1804/C and Imran 3031/C were supervising/guarding them; furthermore, two other persons namely Yasir and Allah Ditta (belonging to the family of Riaz Begum/respondent No.2) were also found there by the Bailiff although their names were not mentioned in the afore stated application filed under Section 491
Cr.P.C.; on checking the register of C.I.A. Staff, Gujranwala, Bailiff found that entry regarding their arrest was not mentioned therein; meanwhile, Arshad Gadhi S.I. of Police Station: Kotwali, District Gujranwala (now respondent No.4) came there and told to the Bailiff that against Moosa Tariq, case stands registered in the Police Station: Jinah Road, Gujranwala whereas against Nabeel, case stands registered in Police Station: Badami Bagh, Lahore, however, when Bailiff asked him that what is his relation with these persons when he is posted in Police Station: Kotwali, District Gujranwala, then he could not reply any satisfactory answer; Abdul Sattar (Bailiff) alongwith aforementioned detenus came to the Court, submitted his report dated: 09.10.2012 (appended with instant petition as Annexure-D) and also produced said detenus; Station House Officer, Police Station: Kotwali, District Download Judgment