Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Guardians and Wards Act, 1890

Section: 12

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition for recovery of minor from father---Jurisdiction of High Court under S. 491, Cr.P.C:---.---Scope---Jurisdiction of High Court under S. 491, Cr.P.C. for recovery of minor was to be exercised sparingly and might be undertaken only in exceptional and extra-ordinary cases---No exceptional and extraordinary circumstances warranting institution of present petition were found---Mother (petitioner) neither gave date of her divorce nor mentioned the exact and correct date of removal of minor from her lawful custody---Present petition apparently had been filed just to extort money from the father of the minor in the form of allowance of minor---Petition for recovery of minor was dismissed in circumstances. Mst. Nadia Perveen v. Mst. Almas Noreen and others PLD 2012 SC 758 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Guardians and Wards Act (VII of 1890), S.12---Habeas corpus petition for recovery of minor from father---Jurisdiction of High Court under S.491, Cr.P.C:---.---Scope---Jurisdiction of High Court under S.491, Cr.P.C. for recovery of minor was to be exercised sparingly and such exercise might be undertaken only in exceptional and extra-ordinary cases of real urgency, keeping in view that even a Guardian Judge had the requisite power of recovery of minors and regulating their interim custody. Mst. Nadia Perveen v. Mst. Almas Noreen and others PLD 2012 SC 758 rel. THIS ORDER PASSED BY: SYED MUHAMMAD KAZIM RAZA SHAMSI, JUSTICE:-- -.--- By filing instant application under section 491, Cr.P.C. the petitioner Mst. Jameela Bibi prays for recovery of her minor son, namely, Muhammad Bilal, aged about 10-years from the custody of respondent No.2, father of the minor with an assertion that her son was removed from her custody forcibly. 2. On the application, S.H.O. of the Police Station concerned was directed to recover the minor and produce him in the court who reported that the residence of minor is within the jurisdiction of Police Station Hujra Shah Muqeem, Okara, thus, S.H.O. of the said police station be directed for compliance. In the meanwhile, learned Deputy Prosecutor…

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