IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr. Misc.
Application No.S-668 of 2021
Applicant: Mst. Inayatan Khatoon, through Mr. Shafique Ahmed Leghari, Advocate.
Date of hearing: 08.10.2021
Date of decision: 08.10.2021
O
R D E R
Zulfiqar Ali Sangi, J: Through this application, the
applicant has sought for the following reliefs:-
“a) That this Hon’ble Court may
graciously be pleased to issue rule nisi by directing the Respondents No.1 to 3
for secure the safe custody of the detainee Mst. Zahidan
before this Hon’ble Court.
b) To record the statement of detainee and
set her at liberty”
2. Learned Counsel for the Applicant, at the very outset, submits
that detenue Mst. Zahidan,
aged about 25 years, is daughter of the Applicant and is in illegal detention
of the private Respondents, therefore, he prays that notice be issued to the
Respondents and directions may also be issued to produe
the alleged detenue before this Court.
3. Heard learned Counsel for the Applicant and perused the record
minutely.
4. Record reflects that applicant has filed a Criminal
Miscellaneous Application No.207 of 2021 before Additional Sessions Judge, Gambat for the similar relief and the same was dismissed
vide order dated 29.04.2021, which is reproduced as under:-
“Alleged detained lady is present in Court and states that she had
contracted freewill marriage with private Respondent Abdul Jabbar
while her Petitioner mother had filed false petition for her recovery.
In
view of statement of alleged detained lady who is sui-juris,
her custody with the private Respondent Abdul Jabbar
cannot be termed as illegal. Petition is accordingly dismissed.
5. Applicant again filed another application seeking same relief,
being Cr. Misc. Application No.261/2021, which was also met with the same fate
vide order dated 27.05.2021, passed by learned Additional Sessions Judge, Gambat. It shall be advantageous to reproduce the same as
under:-
“Earlier petitioner had filed application of like nature regarding same
detainee in which alleged detainee had appeared before this Court and stated
that she had contracted freewill marriage with private Respondent Abdul Jabbar while her Petitioner mother had filed false petition
for her recovery, hence her custody with private Respondent Abdul Jabbar was not termed as illegal as such said petition was
dismissed vide order dated 29.04.2019 but again Petitioner has filed second
application for the same purpose.
In
view of above circumstances, this petition is dismissed and the applicant is
warned not to waste precious time of Court by repeating unfruitful
applications.”
6. Record further reveals that inspite
of dismissal of both applications, she repeated same application for third time
before same Presiding Officer for the same relief and the same too was
dismissed vide order dated 16.09.2021 with similar warning as passed in earlier
dismissal order. For the sake of convenience, order dated 16.09.2021 is reproduced
as under:-
“Earlier petitioner had filed application of like nature for recovery of
same detainee but when said detainee appeared before this court, she stated
that she had contracted freewill marriage with private Respondent Abdul Jabbar and her petitioner mother had filed false petition
for her recovery. Her custody with private respondent Abdul Jabbar
being not illegal said petition bearing No.207/2021 was dismissed vide order
dated 29.04.2019. Petitioner again filed similar application bearing No.261/2021
which was too dismissed vide order dated 27.05.2021.
In view of above circumstances,
this petition is dismissed with warning not to waste precious time of this
court on repeating unfruitful applications”.
7. Inspite of dismissal of aforesaid applications,
applicant has filed present application before this Court for the similar
relief as has been sought by her filed before learned Additional Sessions
Judge, Gambat. Perusal of above dismissal orders, it
appears that alleged detainee was appeared before learned Additional Sessions
Judge, Gambat where her statement was recorded in
which she stated that she had contracted freewill marriage with private
Respondent Abdul Jabbar and her mother by filing such
frivolous applications for her recovery, intends to harass her husband. In such
circumstances, no case for illegal detention is made out. Resultantly, this
application is dismissed in limine with
warning not to waste precious time of the Court by repeating similar
applications.
JUDGE
Faisal Mumtaz/PS