1. ' Mushtaq Ahmad DSP and M.A. Khan, SI have produced Allah Ditta detenu under-arrest. According to the D.S.P. He has been arrested in case F.I.R. No,407 dated 30-12-1988. The D.S.P. Has stated that although the detenu's name does not appear in the F.I.R. Yet he was named by the complainant in a supplementary statement on 1-1-1989 and that thereafter the Investigating Officers have been trying to arrest him but he was not available. He has referred to the entries of different dates in the case diaries.
2. ' The D.S.P. Has clarified that the complainant had also in the supplementary statement disclosed about Qaisar Khan and that he was arrested on 4-1-1989 on the basis of that statement.
3. ' The detenu, according to the Police file was arrested on 2-5-1989, i,e, yesterday. The D.S.P. Explains that his arrest was effected prior to the receipt of notice. He has vehemently stated that the notice was received by him some time late in the evening after breakfast.
4. ' The detenu on being asked, has stated that he was taken into custody on 27-3-1989 and that during all this period he has remained under investigation by the D.S.P. And his subordinates. He has made the allegations of abuses and maltreatment.
5. Be that as it may, since there are references in the Police file towards culmination of the detenu in the case under investigation, he cannot be ordered to be released.
6. ' For prayer made on behalf of the detenu, to have him medically examined so that the Police does not maltreat him, he is directed to approach the Ilaqa Magistrate.
7. The fact that the respondents are allowed to investigate the matter further, does not absolve them of the allegations levelled against them of illegal detention and maltreatment. The petitioner or the detenu may move any forum for action in this regard, if they care to and have evidence.