Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 561-A & Preamble---Order passed by a Criminal Court cannot be reviewed under S.561-A, Cr.P.C. and there is no provision for review in the Criminal Procedure Code, 1898---Only an order without jurisdiction could be recalled and varied by the Court in exercise of its inherent power under S.561-A, Cr.P.C. Gulzar Hassan Shah v. Ghulam Murtaza PLD 1970 SC 335 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 491---Guardians and Wards Act (VIII of 1890), Ss.25 & 12---Custody of minor---Jurisdiction of Criminal Court is not barred under S. 491, Cr.P.C to pass appropriate order with regard to custody of a minor who has been illegally removed from the custody of a person, on account of the provisions of Guardians and Wards Act. In appropriate cases the Court under section 491, Cr.P.C. if it reaches the conclusion that a minor has been illegally removed from the custody of a person who was holding his custody lawfully, is empowered under section 491, Cr.P.C. notwithstanding the provisions of Guardians and Wards Act, to pass appropriate orders. The jurisdiction of the Criminal Court is not barred under section 491, Cr.P.C. to pass appropriate order with regard to custody of a minor who has been illegally removed from the custody of a person, on account of the provisions of Guardians and Wards Act. Held, the Criminal Court had jurisdiction in appropriate cases to pass an order under section 491, Cr.P.C. for restoration of custody of the minor who had been illegally removed from lawful custody of a person. Muhammad Javed Umrao v. Miss Uzma Vahid 1988 SCMR 1891 ref. Adnan Afzal v. Capt. Sher Afzal,PLD 1969 SC 187 distinguished. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 9----Criminal Procedure Code (V of 1898), S.488---Maintanance---Grant of maintenance provided under S.488, Cr.P.C. is specifically covered by the provision of West Pakistan Family Courts Act, 1964---Family Court has had the exclusive jurisdiction, after the promulgation of West Pakistan Family Courts Act, 1964 to try the case of maintenance. Adnan Afzal v: £apt. Sher Afzal PLD 1969 SC 187 ref. (d) Criminal Procedure Code…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492