2020 PLP 1748 (MLD)

KHADIM HUSSAIN M. SHAIKH, J.

Petitioner Muhammad Mumtaz has filed this petition seeking production of alleged detainees Mst. Sajidan and minor Muhammad Hassan from the house of respondents Nos.4 and 5 who happen to be her real brothers. The alleged detainee Mst. Sajidan, who is present along with minor Muhammad Hassan, both are identified by the petitioner to be the same lady and minor Muhammad Hassan, filed certified copy of her statement dated 23.12.2019 recorded before the learned Judicial Magistrate-III Sanghar and she reiterating the contents of said statement, states that petitioner Muhammad Mumtaz posing himself to be unmarried had contracted un-ceremonial free will marriage with her and on coming to know about his earlier marriage and children, she resisted to which the applicant had kept her in his captivity ; that on 23.12.2019 she taking advantage succeeded in leaving his house and appeared at Police Station, Mangli where from she was brought before the Judicial Magistrate-III, Sanghar where her statement was recorded and then at her wishes she was allowed to rejoin her mother ; that she has danger to her life at the hands of petitioner, who has been dragging her and has made her life miserable, she, therefore, prays that she may be provided protection against the petitioner, who is bent upon to take her life and the life of her child Muhammad Hassan. Record reflects that prior to this the petitioner had filed an application under section 491, Cr.P.C. before the learned Sessions Judge, Sanghar, which was ultimately disposed of by learned 2nd Additional Sessions Judge, Sanghar vide order dated 25.09.2019 and thereafter on 08.10.2019 the petitioner has filed this petition. Patently, this petition is not maintainable, for, the alleged detainee Mst. Sajida along with minor is living in the house of her parents and that cannot be termed to be an illegal confinement. It further reveals that the alleged detainee in her statement recorded before the learned Judicial Magistrate on 23.12.2019, which is reaffirmed by her here, has categorically stated that she left house of the petitioner in the morning on that day and she appeared at Police Station Mangli and then her statement was recorded before the learned Magistrate, meaning thereby she was in the house of petitioner when the petitioner had filed application under section 491, Cr.P.C. before the learned Sessions Judge Sanghar, which was disposed of vide order dated 25.09.2019 by learned 2nd Additional Sessions Judge, Sanghar on failure of raid conducted in the houses of private respondents as the alleged detainees Mst. Sajidan and Muhammad Hassan, were not found at the given address. Under these circumstances, this petition besides being not maintainable is also mala fide one and the petitioner by filing this petition, which is incompetent right from its institution, has unnecessarily wasted the time of Court and having also put the machinery in motion in this case in which there is hardly justification, therefore, I am of the view that this petition is to be dismissed with costs. These are the reasons of short order announced by me on 30.12.2019 whereby this petition was dismissed with cost of Rs.20,000/- (Rupees twenty thousand) to be deposited by the petitioner with Additional Registrar of this Court within 30 days. However, the official respondents were directed to provide protection to alleged detainees Mst. Sajidan and minor Muhammad Hassan against the petitioner. ADN/M-35/Sindh Petition dismissed.