Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Criminal Procedure Code (V of 1898)--- ----S.491---Habeas corpus---Custody of minors---Scope/father assailed order passed by Sessions Judge whereby the respondents/mothers application under S.491, Cr.P.C., for custody of minors was allowed---Contention of petitioner was that the minors were handed over to the petitioner in the light of compromise effected between him and his ex-wife in a family suit---Validity---Court below had only granted temporary custody of minors to the mother---Proceedings under S. 491, Cr.P.C. were summary in nature and were not intended to go beyond the summary consideration of the question essentially relevant to the alleged detention had not even bothered to appear before the Sessions Judge during pendency of the application---Constitutional petition was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.491---Habeas corpus---Custody of minors---Scope---Proceedings under S.491, Cr.P.C., are summary in nature and are not intended to go beyond the summary consideration of the questions essentially relevant to the alleged detention--- Court while deciding application is not required to go into question of status or relationship of the parties by holding full-fledged trial of the counter claim and it should concern itself only with the free will of the detenue. Muhammad Afzal v. Sessions Judge, Multan PLD 2008 Lah. 479 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.491---Guardians and Wards Act (VIII of 1890), Ss.12 25---Habeas corpus---Custody of minors---Scope---Jurisdiction of High Court under S.491, Cr.P.C., for recovery of minors is to be exercised sparingly and such exercise may be undertaken only in exceptional and extra-ordinary cases of real urgency keeping in view that even a Guardian Judge has the requisite powers of recovery of minors and regulating interim custody. Mst. Nadia Parveen v. Mst. Almas Noureen PLD 2012 SC 758 ref. JUDGMENT AHMAD ALI, J.- Through the instant writ petition under article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has invoked the jurisdiction of this Court with the following prayer that:- On acceptance of instant writ petition,…

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