ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No. S– 255 of 2020

Date of hearing

Order with signature of Judge

Present:

Mr. Justice Adnan-ul-Karim Memon

Applicant: Fazul Hussain s/o Haji Mir

Muhammad

Through his counsel Mr. Allah Bakhsh Gabol

State Counsel: Mr. Shafi M. Mahar, DPG

Date of hearing: 10.07.2020

O R D E R

Adnan-ul-Karim Memon,J:- Through captioned Cr. Misc. Application, the applicant has prayed that official Respondents No.2 to 5 may be directed to ensure safe recovery of his wife namely Mst. Sadori @ Fatima from the wrongful confinement of private Respondents No. 6 to 10.

Mr. Allah Bukhsh Gabol, learned Counsel for the Applicant has emphasized that the alleged detenue Mst. Sadoori @ Fatima is wife of the Applicant and is under detention of her parents; it is next contended that the Respondents No.6 to 10 took her away without her wish and will, which amounts illegal detention; that the Applicant tried his level best to approach the private Respondents for recovery of his wife but all his efforts went in vein.

I queried from the learned Counsel as to how this application is maintainable under Section 491 Cr.P.C on the premise that the alleged detenue is living with her parents, who are their natural guardian. He replied to the query and argued that she is in wrongful confinement of the private Respondents and his only purpose to record her statement as to whether she is living happily with her parents or otherwise as such her presence before this Court is urgently required.

I have gone through the report of Station House Officer P.S. Kot Lalo, who has categorically stated that Mst. Sadoori (alleged detenue) is residing with her family as per the order dated 27.03.2020, passed by learned Additional Sessions Judge, Shahdadpur, in Criminal Misc. Application No.311 of 2020 and has obtained protection against the present Applicant.

I have heard the learned Counsel for the Applicant and perused the record. From the perusal of record, it appears that there are allegations and counter allegations made by the parties against each other, in my considered opinion; it is not a fit case where writ in the nature of habeas corpus can be issued. Accordingly, this petition stands dismissed with no order as to costs.

JUDGE

Faisal Mumtaz/PS