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23
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IN THE cOURT OF WAQAS AHMED RAJA
JUDICIAL MAGISTRATE SECTION-30-WEST
ISLAMABAD
The Sfate
Versus
Fawad Ahmed Chaudhary S/o Chaudhary Naseem R/o House
No.863/W. Phase-III, DHA, Lahore.
CASE FIR NO.69/2023 DATED 24.01.2023, OFFENCE U/S
124-A/153-A/505/506 PRC, POLICE STATION KOHSAR.
ISLAMABAD
APPLICATION FOR PHHYSTCAL REMAND OF THE
ACCUSED FOR04 DAYs
30.01.2023
Fresent ACCUsed Fawad Ahmed ChaudharY in custody of 0
Muhammad Ali Inspector.
L.O with record.
Dr. Muhammad Babar Awan ASC, Mr. Faisal Fareed
ASC, Syed Muhammad Ali Bukhari ASC and Mirza Asim
Baig Advocate learned counseis tor the accuSed.
Mr. Saad Hassan Advocate, learned counsel for
Election Commission of Pakistan
Mr. Adnan Ali, learned Deputy District Prosecutor on
behalf of the State.
ORDER/
Through application ar hand, nvestigation Officer has
requested for further four days physical remand of the accused
above named in case FIR No.69/2023, dated 24.01.2023, U/S 124
A/153-A/505/506 PPC, Police Station Kohsar, Islamabad, for the
purpose of investigation with the submission that during the last of
course of physical remand, They conducted photogrammetric test
of the accused from the PFSA, Lohore, however, recovery of
mobile phone, laptop and orner aevices are yer to be required for
completion of investigarion
30.01.2023

3.
Mr. Adnan Ali, learned DDP for the 5tate supports the
request of the
L.o.
. Mr. Saad Hassan Advocate, learned counsel for
complainant submitted that the court may pass any appropriate
order in accordance with law.
he Legal eam of accuseds side led by Dr. Babar
AWan Senior Advocate Supreme Court of Pakistan and while
vehementiy opposing the application of the I.O, he submitted that
the request of L.O is without any justification. During arguments,
earned counsel presented the written arguments and submitted
that request of the L.O may kindly be declined
Arguments heard and record perused.
. Brief history of the proceedings necessary for disposal
of this application that the FIR was got registered on 24,01.2023
and accused had been arrested on 25.01.2023. After arrest of
accused, IO has obtained total four (04) days physical remand for
the purpose of investigation.
7 AS per record. voice matching as well as
photogrammetric test of the accused have already been conducted
by the I.O and now, through this application, he sought further
four days physical remand for recovery of mobile phone, laptop and
other devices. Although request for recovery of mobile phone
laptop and other devices has aiready been discussed in the order
dated 25.O1.2023, passed by the learned Duty Magistrate and he
rightly observed that neither such articles have been described in
the contents of FIR nor any other paper of the police is indicative
of their existence. Even then, the same request for recovery of
mobile phone, laptop and other devices was made on very first dae
of production of the accused, before learned Duty Magistrafe and
despite of his four days physical remand, the IO has not shcwn any
progress With regards to recoveryY of said article and no
30.01.4 2023 Page 2

4.
heate es Fuwd
Ahm hinudhry
Justification has been extended by him for further physical
remand. Section 167 CrPC regulates the custody of accused with
the police and as per law, when no plausible reason has been
extended by the Io for further remand, then the court cannot
grant the same in the mechanical manner The principle has been
repeafedly observed by the Superior Courts in their esteemed
Judgments. The Honble Lahore High Court, Lahore in its landmark
Judgment rendered in case titled as "Ghulam Sarwar and another
Versus the State" reported as 1984 P.Cr.LJ 5588,Lahore, has
elaborated the section For guidance, the relevant portions are
reproduced as under
During first 15 days, the Magistrate may authorize
the detention of the accused n judicial custody
iberaly but shall not authorize the detention in the
CUstody of the police except on strong and
exceptiona
grounds and that too, for the shortest possible period
(17) The Magistrate shall not grant remand
mechanically for the sake of co-operation with the
prosecution/ police
(26) The Magistrate shall aiways give reasons for the
grant of remand and adiournment
Ln this regard, guidance may also be sought from the venerafed
judgments of August Apex Court reported as 2013 SCMR 1326.
2009 SCMR 181 and PLD 2005 SC 86, hence, request for
further physical remand stands declined However, record of the
case reflects that accused is directly nominated in the FIR for
offence of sedition punishable U/S 124-A PPC, promoting enmity
between different groups U/s 153-A PPC and for offence
punishable U/s 505 PPC. Inter alia, accusation of criminal
ntimidation to government and constitutional institution is also
alleged against the above narmed accused Grant of Fermission U/s
0.01.2023

5.
Crder she
196 Cr.P.C 1898 for registration of FIR U/S 124-A, 153-A and 505
PPC bearing No 2(183)-Law/2022 dated 24.012023 is also
accompaniment of the police record, hence, accused is sent to
judicial lockup on judicial remand of 14 days for completion of
investigation. Accused be produced before the Court on
13.02.2025. Investigation Officer is strictly directed to prepare
and submit the report U/S 173 Cr.P.C within stipulated period.
Announced (Waqas AMmed Raja)
Judicial MagistratSection-30-West
budicSiarabg
30.01.20
Certified that this order consists of 04 pages which have
been dictated, read, corrected and
signed Dy me.
30.01.2023 Judicial Magistretction-30-West
Juddarpabid
30.01.2023 Page 4 ot 4

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