MUNIR A. SHEIKH, J.- It has been stated in the petition that no criminal case has been registered against the alleged detenus and they are being illegally detained in the Police Post Kurr. The application has been supported with an affidavit from which it appears to be a case of illegal detention. Bailiff of this Court is directed to recover the alleged detenus from the Police Post Kurr/respondent No. 2 and produce them before this Court on 12.3.1994. The expenses of the bailiff shall be borne by the petitioner.
According to the report of Bailiff the alleged detenus who are present in person today in the Court, were found in Police Post in had-cuffs. According to the entry in the 'Roznamcha' they were taken into custody on 10.3.1994 at 7:30 A.M. Under Section 54 of Cr.P.C, in connection with a case FIR No. 288/93 registered under Section 379 at Police Station Bahlak. The complainant of the said case expressed doubts that the alleged detenus were responsible for stealing his buffalos etc.
2. He says that after taking the alleged detenus into custody, he obtained remand from the Court of learned Magistrate and after inquiry it was found that the alleged detenus were innocent, therefore, he made a report for their discharge and the Magistrate passed the order and at present they stand discharged. In this view of the matter the petition has born fruit and is disposed of.
3. Learned counsel for the petitioner says that the petitioner in fact were taken into custody since 2.3.1994 without any reason, therefore, their arrest amounted to illegal detention. Be that as it may, the petitioner may approach the SHO concerned for the registration of the case against the person allegedly responsible to detain the petitioner in illegal custody. Disposed of.