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K.L.R. 2005 Criminal Cases 157

Aman Ullah vs Shaukat Ali And Other

CitationK.L.R. 2005 Criminal Cases 157
CourtLahore High Court
Case No.Writ Petition No. 20185 of 2004
Date2004-12-16
Judge(s)Muhammad Nawaz Bhatti
ResultN/A

ORDER

MUHAMMAD NAWAZ BHATTI, J., Through this writ petition the petitioner contends that he is complainant of the case FIR No. 73/2004, dated 25.3.2004 u/S. 395, PPC registered at Police Station Shahbhore District Okara. Further contends that the respondents Nos. 1 and 2 were arrested in another case FIR No. 179/2004, dated 2.8.2004 u/S. 324/34, PPC registered at Police Station Shahbhore and allegedly disclosed that they had committed the offence reported in the case registered on the complaint of the petitioner.

2. They were arrested and remained on physical remand with the police for six days. Thereafter they were sent to the judicial lock-up by the learned Magistrate Section 30, Okara vide order dated 10.9.2004. The same was challenged through a revision petition, which was dismissed by the learned Addl. Sessions Judge, Okara on the plea that the leamed Trial Court was justified to refuse the physical remand of the respondents and thereby the learned Trial Court has committed no illegality or irregularity while deciding the matter, which needs no interference hence the present writ petition, whereby the petitioner has assailed the order dated 4.12.2004 passed by the learned Addl. Sessions Judge, Okara and has prayed that the learned Trial Court be directed to give physical remand of respondents Nos. 1 and 2.

2. I have called upon the learned Addl. A.G. At this limine stage, who has opposed the prayer put forth by the petitioner vehemently and has supported the impugned order.

3. I have heard the learned counsel for the petitioner as well as the learned Addl. A.G. The learned Addl. Sessions Judge, Okara while discussing the matter in detail has declined to interfere in the order of the learned Trial Court, whereby after giving physical remand for six days and without extending the same he sent them to judicial lock-up which is justified and by this way no illegality or irregularity has been omitted by the leamed Trial Court as well as the leamed revisional.

4. Instant petition has no merit and the same is dismissed in limine.

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