1996 P Cr (PLP)
MUHAMMAD AMJAD — Petitioner Versus S.H.O. and others — Respondents
| Citation | 1996 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD AMJAD — Petitioner Versus S.H.O. and others — Respondents |
Q1: What are the key laws and sections cited in 1996 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 P Cr (PLP) (MUHAMMAD AMJAD — Petitioner Versus S.H.O. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Rana Muhammad Arif for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
S. 491
Detenu aged 23/24 years had married the petitioner of her own free accord
No justification for lodging the detenu in Darul Aman being available, jurisdiction exercised by the Magistrate in this regard was quite arbitrary and his orders did not have the support of law on the subject
Superintendent, Darul Aman was consequently directed to release the detenu forthwith.
Judgment & Decree
S. 491
Detenu aged 23/24 years had married the petitioner of her own free accord
No justification for lodging the detenu in Darul Aman being available, jurisdiction exercised by the Magistrate in this regard was quite arbitrary and his orders did not have the support of law on the subject
Superintendent, Darul Aman was consequently directed to release the detenu forthwith. Rana Muhammad Arif for Petitioner. Nemo for Respondents. The petition was submitted alleging that Mst. Naseem Akhtar', wife of the petitioner was being detained unlawfully in Darul Aman at Faisalabad.
2. Record has been produced. According to the record Mst. Naseem Akhtar was produced before a Magistrate 1st Class for recording her statement under section 164, Cr.P.C. on 27-6-1996. Earlier, she had appeared before the Investigating Officer of her own free accord. She was lodged in Darul Aman and was produced therefrom on 1-7-1996 for recording of her statement, but the matter was postponed to 4-7-1996 and she was sent back to Darul Aman. Her statement was to be recorded by Magistrate 1st Class on 8-7-1996 i.e. today Mst. Naseem Akhtar is stated to be 23/24 years of age and had married the petitioner of her own free accord. There was no justification for lodging her in Darul Aman and the orders passed by the Magistrate 1st Class in this regard also do not show as to under what circumstances she was being lodged in Darul Aman. The jurisdiction in the matter has been exercised by the concerned Magistrate quite arbitrarily and his orders do not have the support of law on the subject.
3. Superintendent, Darul Aman, Faisalabad, shall release Mst. Naseem Akhtar forthwith, if she is still lodged in Darul Aman, Faisalabad.
4. The petition is disposed of. N.H.Q./M135-L Petition allowed.