Law: Penal Code (XLV of 1860)

Section: Ss. 363 & 368

Penal Code (XLV of 1860), Ss. 363 & 368 - Criminal Procedure Code (V of 1898), Ss. 100 & 552-Abduction-Investi gation Officer after recovering abducted girl cannot detain her against her will in supurdari of person of his own choice, especially in case of legally wedded woman.   Mushtag Ahmad v. Mirza Muhammad Amin and others P L D 1962. Kar. 442 rel.      JUDGMENT   Upon an application made by Lal Muhammad, the District Magistrate, Quetta-Pishin, summoned Mst. Irshad Khatoon and after recording her statement permitted her to accompany the petitioner whom she claimed to be her husband. This order of the learned District Magistrate was challenged by means of a revision in the Court of Sessions Judge, Quetta, which was dismissed. It is against the order of the learned Sessions Judge dated the 23rd of July 1962 that Muhammad Sharif, the father of Mst. Irshad Khatoon, has filed this revision petition.   Muhammad Sharif petitioner lodged a report in the Police Station, Islamabad, Quetta, on the 21st of March 1962, alleging that Lai Muhammad' and others had abducted his minor daughter Mst. Irshad Khatoon: In pursuance of that report, a case under sections 363/368/109, P: P. C. is pending in the Court of the Additional Magistrate 1st Class, Quetta. The prosecution evidence in that case has not yet concluded.   During the investigation of the case, the police recovered Mst. Irshad Khatoon fromthe house of Lai Muhammad on the 21st of March 1962. Several orders were passed regarding the custody of Mst. Irshad Khatoon. The first order is dated the 22nd of March 1962 wherein it was directed that after the medical examination she may be given in the sapurdari of Dr. Khushi Muhammad. Dr. Khushi Muhammad filed a sapurdarinama on that very day. On the 24th of March 1962, the Officer Incharge Police Post reported that Dr. Khushi Muhammad's family was going out of Quetta, consequently he was unable to keep Mst. Irshad Khatoon. Thereupon, an order was passed on the same day that the girl may be handed over to Abdul Jalil, member of the Union Council till further orders. Abdul Jalil, thereupon, filed a sapurdarinama and took her…