Law:

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Keywords: Procedure, Issuance, Custody, Quashment, High Court, Proceedings, Criminal Proceedings, Evidence, Order, Confinement, Petition, Magistrate, Landlord, Wrongful Confinement, Cognizance Result: Petition accepted JUDGMENT The applicant has applied to this Court under section 561-A, Cr. P. C. For the quashment of the case pending against her and four other persons in the Court of Mr. A. D. Ansari, Additional City Magistrate, Karachi, under section 344, P. P. C. 2. It appears from the record of the case that respondent No. 1 filed a complaint in the Court of the Additional City Magistrate on 27th December 1969, in which he accused the applicant and the other persons of removing his wife. Mst. Shahnaz Begum, from his house and confining her in their house against her will. The applicant is the mother of Mst. Shahnaz Begum while the three other accused, namely Jalil, Jamil and Muhammad Jan are her sons and daughter. Haji, the fifth accused, is described as a landlord in the complaint. It was also alleged in the complaint that Mst. Shahnaz Begum was married to respondent No. 1 on 3rd November 1969 after she had obtained an order upon her application dated 16th August 1969 that she was free to exercise her free will as she was major. Upon this complaint, the learned Additional City Magistrate examined respondent No. 1 and to other witnesses, namely Ashfaq and Abbas, under section 200, Cr. P. C. And thereupon took cognizance of the offence under section 344, P. P. C. On 1st January 1970. He also ordered for the issuance of a warrant under section 100, Cr. P. C. For securing the custody of Mst. Shahnaz Begum from the applicant. Mst. Shahnaz Begum was secured and produced in Court. On 3rd January 1970, respondent No. 1 made an application that she be lodged in Darul Aman as she was under the influence of her mother. The learned Additional City Magistrate then directed that she be kept in Darul Aman and produced in Court on 9th January 1970. The applicant thereupon filed an application (No. 4/70) in the High Court, in which she prayed that her daughter. Mst. Shahnaz Begum, was being unlawfully detained in Darul Aman and that she be set at liberty. This petition was…

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