| Citation(s) |
|---|
| 2017 SLG 193 2017 SLD 193 2017 PLJ 3 |
Lahore High Court
Crl. Rev. No. 283 of 2015, decided on 28.9.2015. heard on: 28.9.2015.
ASLAM, JAVED MINHAS, JUSTICE
Mrs. Saeeda Asif, Advocate for Petitioner. Sheikh Muhammad Rahim and Syed Anees Mehdi, Advocates for
Respondents
Crl. Rev. No. 283 of 2015, decided on 28.9.2015. heard on: 28.9.2015.
ASLAM, JAVED MINHAS, JUSTICE
Mrs. Saeeda Asif, Advocate for Petitioner. Sheikh Muhammad Rahim and Syed Anees Mehdi, Advocates for
Respondents
HADAYAT ULLAH
VS
DPO VEHARI ETC.
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)---- --------S. 491----Recovery of detenue----Illegal and unlawful custody----Statement of detenue----Allegations of sale and purchase of person leveled by detenue as well as petitioner----Validity----All allegations need detailed inquiry and involve factual controversy which cannot be resolved through revision petition----Petitioner had already divorced detenue, if parties had some grievance, they may avail alternate remedy by way of filing appropriate application before appropriate forum----Petition was disposed off. THIS ORDER PASSED BY: ASLAM JAVED MINHAS, JUSTICE;---.--- Through this petition, the petitioner has sought setting aside order dated 28.05.2015 and 08.06.2015 whereby two petitions under Section 491,Cr.P.C. filed by the petitioner were dismissed and issuance of direction for recovery of Mst. Asia along with her minor son namely, Jamshed aged 3½ years from the illegal and unlawful custody of Respondents No. 2 and 3. 2. The facts of the case are that the petitioner and Abdul Sattar (Respondent No. 2/ father of the Asia Bibi) filed an application before the learned Sessions Judge, Dera Ghazi Khan for the recovery of the detenue namely, Asia Bibi. On the orders of the learned Sessions Judge Mst. Asia,detenue along with her father namely, Abdul Sattar appeared before the learned Sessions Judge on 24.02.2014 and she stated that she wanted to go along with her father, therefore, she was allowed to go with him. Thereafter, again Abdul Sattar, Respondent No. 2 moved another application before the learned Sessions Judge, Dera Ghazi Khan for the recovery of Mst. Asia Bibi. Upon orders of the learned Sessions Judge, on 14.03.2014 Mst. Asia Bibiappeared along with Hadayat Ullah (petitioner) and she stated that she was living with her husband happily and wanted to go her husband. Consequently, she was allowed to accompany her husband/petitioner. Again, the petitioner filed another application before the learned Sessions Judge,Dera Ghazi Khan for the recovery of Mst. Asia Bibi. On 28.05.2015 learned counsel for Respondent No. 2 in that application tendered copy of divorce deed contending that petitioner, Hadayat Ullah…
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