Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Sessions Court---Powers and Jurisdiction---Scope---Alleged detenue directed to be sent to shelter home---Scopes contended that Sessions Court had rightly sent the detenue lady to shelter home as her marriage was disputed under two Nikahnamas contended that High Court had rightly released sui juris from the shelter home as Sessions Court had powers to set alleged detenue free but could not force her to be kept at shelter home---Sessions Court was to determine as to whether the alleged detenue was in illegal confinement or not and then to pass order either to reject the application or to set the alleged detenue free but sending the sui juris lady to shelter home in the proceedings under S. 491, Cr.P.C. was without lawful authoritys were at liberty to agitate before the proper forum; either before the Family Court or if there was any criminal case registered according to the version of the petitioners then in criminal proceedings, the competent Court could determine the proposition but the same could not be resolved under S. 491, Cr.P.C.---Supreme Court observed that no question of law was involved in the present case---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: CH. MUHAMMAD IBRAHIM ZIA, C.J.--- The captioned petition for leave to appeal is addressed against the judgment of the High Court dated 17.11.2017, whereby the writ petition filed by respondents No. 1 and 2, herein, has been accepted. 2. Precise facts for disposal of the instant petition for leave to appeal as depicted from the record are that respondent No. 2, herein, filed an application under section 491, Cr.P.C. before the Sessions Judge Muzaffarabad claiming therein, that respondent No. 1 solemnized Nikah with him as per her free will and consent at Hattian Bala on 04.07.2017 and Nikahnama has duly been registered on 17.07.2017. He averred that after marriage, respondent No. 1 was detained by her father in connivance with other respondents due to mala fide intention to dissolve the marriage already contracted by them. On filing of the aforesaid application the learned Sessions Judge ordered…

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