IN THE HIGH COURT OF SINDH
C.P No. S- 144/2023 : Abdul Latif vs. Muhammad Issa & others.
For the Petitioner : Mr. Ashfaq Hussain Abro, Advocate.
For the Respondent/s : Nemo.
Date of hearing : 30.05.2023.
Date of order : 30.05.2023.
ORDER
Zulfiqar Ali Sangi, J-. Through this petition, the petitioner has sought for directions to official respondents for recovery and production of his daughter, namely, Mst. Fatima.
The case of petitioner is that, he registered F.I.R No.10/2023 under Section 8 of Sindh Child Marriage Restraint Act, 2013 with P.S A-Section Thull against accused/ private respondents No.1 and others for enticing away his daughter Mst. Fatima, who is alleged to be of 15 years age. It is further alleged that accused/ respondent No.1 Muhammad Issa has forcibly contracted marriage with Mst. Fatima. It is further case of petitioner that presently his daughter has been kept by the accused/ respondent No.1 in Multan city in wrongful confinement. Per learned counsel the applicant also filed an application under Section 491 Cr.P.C. before learned Sessions Judge, Jacobabad, which has been dismissed by learned Additional Sessions Judge Thull (District Jacobabad) on the point of jurisdiction.
It appears that, as per own version of the petitioner, marriage of his daughter (victim) has been consumed with accused/ respondent Muhammad Issa. Whether, this marriage is legal, illegal, valid, invalid, forcible or peaceful, it is the question, which would be determined by the Court concerned. At this stage, prima-facie, no case of wrongful confinement appears to have made out.
So for as question of recovery of alleged victim is concerned, the learned counsel for petitioner admitted that F.I.R of the incident is pending for summary proceedings before the concerned Magistrate. And, since the complainant has already set the law into motion and the concerned Magistrate has seized of the case, proper course for the petitioner would be that, to approach the Magistrate seeking directions to police concerned for recovery of the victim girl.
Moreover, the alleged abductee/ victim is said to be with respondent/ accused in Multan town, which falls beyond the territorial jurisdiction of this Court. This petition has been filed by invoking Article 199 of the Constitution of Islamic Republic of Pakistan read with Section 491 of the Criminal Procedure Code. But, these provisions of law itself debar this Court from entertaining proceedings seeking interference beyond territorial jurisdiction. As such, the instant petition being devoid of merits is hereby dismissed in limine.
Judge
Ansari