Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 491 & 561---Constitution of Pakistan, Art.199---Constitutional petition---Powers under S.491, Cr.P.C.---Scope---Additional Sessions Judge restrained petitioner/mother from removing minors from territorial jurisdiction of Tehsil---Validity---Scope of S.491, Cr.P.C. was not wide---Object of S.491, Cr.P.C. was to secure freedom and not to curtail liberty---If the persons (in illegal custody) was a minor, the court might make over his custody to the guardian who would deal with the minor in accordance with law but court could not place embargo (on the movement of minor or guardian) as such embargo would tantamount to curtail liberty which was not permissible under S.491, Cr.P.C.---By restraining movement of petitioner/mother and minors, Additional Sessions Judge interfered with the sphere of Guardian Court which was empowered to decide matter of final custody---Impugned order was set aside---Constitutional petition was accepted. THIS ORDER PASSED BY: SIKANDAR ZULQARNAIN SALEEM, J.--- Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561-A Cr.P.C., petitioner has assailed the order dated 3-5-2014, to the extent of removal of the minors from the territorial jurisdiction of Tehsil Multan, passed by the learned Aditional Sessions Judge, Multan. 2. The background of this case is that, parties i.e petitioner and respondent No.4, being husband and wife parted their ways on account of 2nd marriage solemnized by respondent No.4 with Meh Jabeen, due to the said reason matrimonial life of the petitioner was disturbed. That on 2-5-2014, respondent No.4, after snatching the minor girls kicked out the petitioner from his house. Being deprived of her minor girls, the petitioner preferred a petition under section 491 Cr.P.C. before the learned Sessions Judge, Multan. Thereafter, vide order dated 3-5-2014, passed by the learned Additional Sessions Judge, Multan, the minor girls were handed over to the petitioner with the direction that the petitioner shall not remove them from the territorial jurisdiction of Tehsil Multan. Hence, this petition. 3. Heard. Record…

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