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Criminal Procedure Code (V of 1898)- S. 491Constitution of Pakistan (1973), Art.185(3)Custody of the minor-Petitioner (mother) had filed the application under S.49I, Cr.P.C. after 5/6 months of the alleged unlawful removal of the minor from her custody without giving any explanation as to why she had kept quiet for such a long period-Petitioner in such circumstances would have either filed a report with the police or made a complaint to the concerned Authorities against the -Respondent (father)Conduct of the -Petitioner, prima facie, showed that the minor was not removed forcibly by the -Respondent from her custodyCustody of the minor with his father (-Respondent), therefore could not be said to be illegal or unlawful within the meaning of S.491, Cr.P.C.­No proceedings under the Guardians and Wards Act, 1890 were even pending before the Family CourtProvisions of S.491, Cr.P.C. were not available for declaring .any person as guardian or for determining all the questions relating to the custody of the minor because the final decision of the regular custody was to be decided in the proceedings initiated by the party claiming the custody of the minor before the Guardian CourtLeave to appeal was refused to the -Petitioner by the Supreme Court in circumstances. Muhammad Javed Umra v. Uzma Vahid 1988 SCMR 1891; Muhammad 'KhalilurRehman v. Shabana Rahman PLD 1995 SC 633 and Ahmed Sami v. Saadi Ahmed 1996 SCMR 268 ref. ORDER HAMID ALI MIRZA, J. This criminal petition for leave to appeal is directed against the order dated 2162000 passed by a learned single Judge of High Court of Sindh, Karachi, whereby Criminal Miscellaneous Application No.504 filed by the -Petitioner, was dismissed 2. The brief facts of the case are that -Petitioner Naziha Ghazali filed Criminal Miscellaneous Application No.504 of -1999 against -Respondent Jehangzeb Ghazali under section 491, Cr.P.C. for production of her minor son Shahrukh Ghazali before the Court for return of the custody stating that minor was forcibly taken away by his father, the -Respondent No. 1, from the lawful custody of the -Petitioner, the mother of the minor. The learned single Judge, after hearing the learned counsel for…

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