ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. App. No. S – 356 of 2020

Applicant :Syed Touqeer Shah

Through Badaruddin Memon, Advocate

Date of hearing : 20.07.2020

Date of order : 20.07.2020

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O R D E R

Adnan-ul-Karim Memon, J: The petition is filed by the petitioner to issue a writ of Habeas Corpus directing the respondents-Police officials, to produce his wife, Mst Ghulam Sughra to enable him to take her to the matrimonial home.

2. According to the averments of the petition, in the month of February 2020, the applicant came in contact with Mst Ghulam Sughra, later turned into love and they agreed to marry each other and accordingly married on 12.2.2020 under Muhammadan law, which was registered before the Marriage Officer, Sukkur. It is his further case that the learned trial court, vide order dated 10.7.2020, disposed of Cr. Misc. Application No.381 of 2020, filed by the applicant for the aforesaid purpose, on the premise that applicant in his earlier application asserted the same factual aspect of the case, however, the alleged detenue Mst. Ghulam Sughran was produced before the learned trial court, stated that she was not detained by her father in his house but she was living with her parents on her own free will and wish; and that she wanted to live with her parents in their house hence, the alleged detenue, being Sui-Juris, was allowed to go wherever she wanted to go.

3. Prima-facie, the petition is ingeniously filed with an ulterior motive to abuse process of Habeas Corpus. The process of this Court cannot be misused by unscrupulous persons.

4. In view of the order dated 10.7.2020, passed by the learned trial court coupled with the statement of alleged detenue recorded on 02.07.2020, the question of considering that his wife is under illegal detention of her parents does not arise.

5. In my humble view, a habeas corpus writ is to be issued only when the person concerning whose liberty in involved. This Cr. Misc. Application has been filed on the premise that his wife is illegally detained by her parents/private respondents where the factual aspect of the case is otherwise.

6. On the basis of a habeas corpus application the power under Section 491 Cr.P.C is not to be exercised for tracing alleged detenue, engaging an investigating agency empowered to investigate a case under the Code of Criminal Procedure. The Investigation, if in progress, is to be overseen by the criminal court. Habeas Corpus would have been maintained if his wife was under unlawful detention. Accordingly, Criminal Miscellaneous Application along with listed application(s) stands dismissed with no order as to costs. However, the applicant is at liberty to avail of his remedy as provided under the law.

J U D G E