Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code (V of 1898)---.--- ---.---S. 491-Habeas corpus petition---.---Alleged detenue being seriously wounded due to firearm injuries, allegedly caused to her by her brother by pistol fire was hospitalized---.---Contention of petitioner was that alleged detenue after discharge from the hospital on the very next day contracted marriage with a person with her own free-will---.---Said statement of alleged detenue was recorded in presence of her father and mother---.---Alleged detenue in her statement that after marriage she was living with her husband happily; that she wanted to go with her husband who was present in the Court and that she could be provided protection as she had danger to her life at the hands of her brother and his accomplices---.---Police Officers present in the court were directed by High Court to provide full protection to alleged detenue and to transport her to the place of her choice safely. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Applicant Mst. Darya Khatoon through this application has sought the following relief:---.--- (a) This Honourable Court may be pleased to issue rule Nisi for the production of Mst. Bakhtawar daughter of the applicant who is under confinement of respondents Nos. l to 4 through respondents Nos. 10 to 13. (b) That this Honourable Court further be pleased to record statement of the detenue Mst. Bakhtawar and after her statement she be allowed to go wherever she likes for all protection purpose. (c) This Honourable Court further be pleased to direct the respondent No. 14 to provide protection to the applicant as she is also under the threat of respondents Nos. 1 to 9. (d) Any other relief this Honourable Court deems fit and proper under the circumstances. 2. The alleged detenue Mst. Bakhtawar being seriously wounded due to firearm injuries, allegedly caused to her by her brother Fateh Aliby pistol fires was hospitalized at Civil Hospital, Jacobabad, wherefrom she was shifted to Chandka Medical College Hospital Larkana for her better…

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