Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 491 & 100---Habeas corpus petition---Alleged detenue girl who was recovered and produced in the court, had stated that she having attained the age of puberty, had contracted marriage of her own free will by extending her right---Alleged detenue could not be handed over to petitioner or to be sent to Darul Aman where her life and liberty was on stake---Alleged detenue was at liberty to go where she desired---Since she had given her consent to go with her husband, she was allowed accordingly. Mauj Ali v. Syed Safdar Hussain Shah and another 1970 SCMR 437 and Muhammad Banaras v. S.H.O. arid others 1994 SCMR 2154 ref. Syed Abdul Rasheed Shah for Applicant. Rashid Mustafa Solangi and Miss Rubina Dhamrah for Respondents No.5 and 6. Azizullah Buriro for alleged detenue Mst. Shumaila and her husband namely Shah Jehan. ORDER IMAM BUX BALOCH, J.---This application under section 491, read with section 100, Cr.P.C. is filed by the applicant. He stated that on 26-10-2009, while the applicant along with his brother in law Lal Dino and Bakhat Ali son of Yar Muhammad Memon and Baby Shumail (Detenue) and inmates were available at his house, suddenly respondents Nos.3 to 6 armed with weapons forcibly entered into his house and on show of weapons abducted the detenue and taken away her in a car. He further stated that on 26-10-2009 the private respondents in collusion with the respondents Nos.1 and 2 filed petition No.977/2009 re: (Mst. Shumaila v. S.H.O. PS Dari and others) wherein it is alleged that the aforesaid detenue has contracted valid marriage with accused/respondent No.3 and she is major and sui juris and the Nikahnama was also produced. He further stated that he produced educational certificate of the detenue wherein her age is about 12 years and 7 months, issued by the School Authorities and after that the petition was not pressed. He further stated that Mst. Shumaila is a minor and she is in wrongful confinement of private respondents Nos.4 to 7. He further stated that the respondents Nos.1 and 2 are helping the private respondents. It was ordered on 8-2-2010 that SP (Investigation) Larkana shall ensure in any case…