Law: Criminal Procedure Code (V of 1898)

Section: 439-A, 561-A

Law: Penal Code (XLV of 1860)

Section: 361, 363, 34

(a) Criminal Procedure Code (V of 1898)  S. 439-A react with S. 561-A --- Quashment of proceedings -Powers of High Court-Exercise of jurisdiction by a subordinate Court under S. 439-A, Cr: P. C., held, would not debar, take away or exhaust jurisdiction of High Court, statutorily conferred under S. 561-A.-[Jurisdiction]. (b) Criminal Procedure Code (V of 1898) S. 561-A read with Penal Code (XLV of 1860), Ss. 361, Exception & 363/34 --- Quashment of proceedings --- Kidnapping, offence of-Case of a minor in custody of his mother, held, covered by Exception to S. 361, P. P. C. and as such mother not liable for offence of kidnapping-Mother, principal accused, not being liable for offence of kidnapping of her own son, petitioners, held further, could not be liable for offence, as abettors or party to such transaction-Proceedings quashed in toto, in circumstances. [Kidnapping-custody of minor]. In re : Kannegati Chowdarayya and another A I R 1938 Mad. 656 ; Ahmad Nawaz v. The State P L D 1968 Lah. 97 ; Asghar Ali v. The State 1971 P Cr. L J 982 and Muhammad Ali v. Amir Hasan 1973 P Cr. L J 132 rel. Date of hearing : 25th February, 1981.                                                                                                                          JUDGMENT Dr. Mahmooda Rashid was married with Abdul Jalil Rana who was then working in Canada. She proceeded to Canada to live with her husband where Farhan Jalil was born. All the three, i.e. Abdul Jalil Rana, Farhan Jalil and Dr. Mahmooda Rashid have Canadian passports also. The marriage did not proceed very happily and in the year 1977, Dr. Mahmooda Rashid came to Lahore. After a few months Abdul Jalil Rana also followed her to Lahore and some sort of rec6inciliation took place, which did not last very long and it led to a dispute for the custody of the minor. i.e. master Farhan Jalil. Dr. Mahmooda Rashid…