Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Penal Code (XLV of 1860)

Section: 294

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--   ---S.491--Penal Code (XLV of 1860), S.294--Constitution of Pakistan (1973), Art.185 (3)--Leave to appeal was granted to examine vires of order passed by District Magistrate whereby detenu was ordered to be kept in Darul Aman for some time and then to be produced before Court on ground that she was not in a position to give her statement voluntarily, as to-whether she wanted to go with her parent or with her alleged husband, being under pressure of both and there was also apprehension of breach of peace.   (b) Criminal Procedure Code (V of 1898)-   ---S.491---Penal Code (XLV of 1860), S.294--Detention--Detenu held by High Court to be a minor girl and there was contest, regarding her custody, between her parent and alleged husband-- Deten u, under eighteen years of age but willing to go with her alleged husband and refusing to go with her mother when both of them present in Court-­Legality of marriage of detenu with alleged husband yet to be determined by Court of competent jurisdiction-- Detenu ordered to remain in Darul Aman--Question of her custody also directed to be decided by Court of competent jurisdiction in appropriate proceedings and not in summary proceedings. ORDER ABDUL KADIR SHAIKH, J.--This appeal by leave is directed against the order of Sind High Court dated 17-3-1988 by which an application under section 491 of the Code of Criminal Procedure in the nature of habeas corpus was dismissed. The application was filed by the appellant claiming to be the husband of the detenu Mst. Musarrat Aftab who was detained in Darul Aman, Latifabad, Hyderabad under an order passed by the Additional District Magistrate, Hyderabad dated 8-3-1988 immediately after granting bail to the appellant and the detenu in a case under section 294, P.P.C. This order reads as follows: Mr. Nazir Hussain relative of Mst. Musarrat Aftab d/o Allah Bux Gorar residerrt of Sojharo Gorar Taluka Mehar has made application to this Court, when she was produced alongwith Muhammad Saffar son of Muhammad Siddique Baloch in other case with challan under section 294, P.P.C. by police station SITE, stating therein that she was doing…

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