| Case ID |
3ad025e8-bdf3-49db-8149-e93cb2a8ac47 |
| Body |
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| Case Number |
Cr. M.Q. No. 66-A of 2014 |
| Decision Date |
Dec 22, 2014 |
| Hearing Date |
Dec 22, 2014 |
| Decision |
The High Court dismissed the quashment petition filed by Malik Hakim Khan seeking to challenge the refusal of police custody for the accused persons involved in the kidnapping case of his son. The court upheld that only the District Public Prosecutor is competent to apply for police remand on behalf of the State, as the private pleader represented by the complainant was not authorized to conduct the prosecution. The evidence presented was insufficient to create suspicion regarding the accused's involvement, and the order of the Magistrate refusing police remand was legally justified. The decision emphasizes the procedural requirements for police remand and the necessity of a public prosecutor's involvement in such matters. |
| Summary |
In the case of Malik Hakim Khan vs. The State and Others, the Peshawar High Court dealt with a petition under section 561-A of the Criminal Procedure Code for quashing orders related to police remand in a kidnapping case. The petitioner, Malik Hakim Khan, contended that his son was abducted, and the accused had maintained contact with the victim. However, the court ruled that the local police's request for remand was improperly filed by a private pleader, as only the District Public Prosecutor is authorized to make such applications. The ruling underlined the importance of adhering to legal protocols in criminal procedure, particularly regarding the roles of public prosecutors and private counsel. The decision highlighted that the evidence presented did not sufficiently implicate the accused, leading to the dismissal of the petition. This case serves as a significant reference for understanding the legal framework governing police custody and the authority of legal representatives in criminal matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YOUNIS THAHEEM
|
| Lawyers |
Shad Muhammad Khan,
Raja Zubair,
Muhammad Naseem Khan Swati,
Sultan Ahmad Jamshed
|
| Petitioners |
Malik Hakim Khan
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2016 SLD 2691,
2016 PCRLJ 402
|
| Other Citations |
2004 YLR 447,
PLD 1968 Pesh. 140,
1999 YLR 2620,
1984 PCr.LJ 2588,
1969 PCr.LJ 786,
2005 PCr.LJ 1709,
2005 YLR 805,
1969 SCMR 215
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
4(1)(t),
61,
167,
492,
365
|