Law: Pakistan Penal Code, 1860

Section: 363

Law: Civil Procedure Code (V of 1908)

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Constitution of Pakistan, 1973

Section: 4,5

Penal Code (XLV of 1860)--- ----S. 363---Criminal Procedure Code (V of 1898), S.491---Proceedings in the nature of habeas corpus---Allegation of kidnapping of her minor son by mother, a French lady against her husband (father of the minor) holding dual nationality of France and Pakistan-- Minor in issue was born in France, he was a French citizen besides claiming his additional Pakistani citizenship on account of his father being a Pakistani, the minor's parents had got married in France and after living in that country together for some years their divorce had taken place in France and till date the s rendered by different French courts regarding custody/residence of the minor with the petitioner/mother were still holding the field---Minor had been recovered by the police in connection with the criminal case lodged by the petitioner/mother against respondent/father and others, for an offence under section 363, P.P.C. in respect of kidnapping of the said minor and after recovering the minor in connection with that criminal case he had been produced before the High Court---Minor in issue had been recovered by the police in connection with investigation of the relevant criminal case and such recovery had come about under the umbrella provided by High Court through. the present petition---Umbrella of High Court had only provided impetus and support to the local police which was even otherwise under a statutory duty to effect the necessary recovery of the minor allegedly kidnapped---Impetus and support provided by High Court in the matter having worked and the minor having been recovered by the police, with the achievement of that objective the role of High Court in the proceedings in the nature of habeas corpus ended for the present and now it was for the local police to deal with the matter in accordance with the law---High Court observed that respondent (further of the minor) was a previous convict, a fugitive against whom International Warrant for Arrest had been issued and he was already under arrest in Pakistan facing a criminal charge---Antecedents of the respondent were checkered as far as obeying the judicial process was concerned; he had repeatedly…

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