ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Revision App. No. S – 36 of 2020

Applicant :Mst. Zuhra Khatoon

Through Ali Raza Balouch, 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 Criminal Revision Application is filed by the Applicant to issue a writ of Habeas Corpus directing the private respondents to produce her daughter Mst, Sagheeran from their illegal custody.

2. It is contended that the daughter of the applicant was abducted by private respondents, such FI.R No. 01 of 2020 was lodged at Police Station Kanuri, which has been disposed of as canceled class; that the applicant is afraid that the private respondents may do away with the life of her daughter. According to her, the private respondents have detained her daughter from going out of their house. She, being aggrieved by and dissatisfied with the illegal actions of the private respondents, approached the learned trial court under Section 491 Cr.P.C, where she was non-suited on the basis of the statement of alleged detenue Mst Sagreean, vide order dated 26.6.2020, passed in Criminal Miscellaneous Application No. 319 of 2020; per learned Counsel, the aforesaid statement of the detenue was recorded in duress, therefore, the present Revision Application is filed, impugning the order passed by the learned Additional Sessions Judge, Gambat.

3. Heard the learned counsel for the applicant and perused the material available on record.

4. Prima-facie, the Revision Application is ingeniously filed with an ulterior motive to the abuse process of Habeas Corpus. The process of this Court cannot be misused by unscrupulous persons. Record reflects that the alleged detenue recorded her statement before the learned trial court on 26.6.2020, as discussed supra and categorically stated that she is residing with her husband on her own freewill and wish. Prima- facie, the question of considering that her daughter is under illegal detention of her husband or Private Respondents does not arise at this point in time.

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

6. On the basis of a habeas corpus application the power under Section 435/439 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 her daughter was under unlawful detention. Accordingly, instant revision application merits no consideration and is accordingly dismissed with no order as to costs, however, applicant may approach the concern forum for redressal of her grievance if, at later stage, she is restrained by the private respondents from meeting with her daughter.

J U D G E