Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas Corpus petition for recovery of minor/detenue---Forum, determination of---Minor/detenue detained in a district attached with the Principal Seat of the High Court---Mother filed petition for recovery of minor before that Bench of the High Court, from where minor was allegedly snatched by the father---Minor was removed by her father to a different district, where she was allegedly illegally detained---Mother contended that High Court had jurisdiction for whole of the Province, therefore, petition for recovery of minor could be filed before Bench of the High Court, from where the minor was allegedly snatched---Validity---All the areas of the Province fell within the appellate criminal jurisdiction of the High Court but different areas were attached with the Principal Seat and Benches of the High Court keeping in view the convenience of the litigant public---Petition under S.491, Cr.P.C. could be filed in the appellate criminal jurisdiction of the Bench where the detenue was illegally or improperly detained---Minor, in the present case, was allegedly illegally detained in a district, which was attached with the Principal Seat of the High Court, therefore, it was expedient for the ends of justice that present petition be filed at the Principal Seat---Place of removal of minor was immaterial for the purpose of jurisdiction to hear a petition under S.491, Cr.P.C. or under Art.199 of the Constitution---Present constitutional petition was disposed of with the observation that mother might file an application for recovery of minor before the Sessions Judge or at the Principal Seat of the High Court, where minor was allegedly detained. PLD 2011 SC 17 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 491--- Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus petition for recovery of minor/detenue---Forum, determination of---Place of removal of minor/detenue---Scope---Place of removal of minor/detenue was immaterial for the purpose of jurisdiction to hear a petition under S.491, Cr.P.C. or under Art. 199 of the…

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