2013 P Cr (PLP)
Mst. RUKHSANA BIBI — Petitioner Versus S.H.O. POLICE STATION CANTT. MULTAN and 3 others — Respondents
| Citation | 2013 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. RUKHSANA BIBI — Petitioner Versus S.H.O. POLICE STATION CANTT. MULTAN and 3 others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 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: 2013 P Cr (PLP) (Mst. RUKHSANA BIBI — Petitioner Versus S.H.O. POLICE STATION CANTT. MULTAN and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nadeem Ahmad Tarar for Petitioner.
Headnotes / Summary
S. 491
Constitution of Pakistan, Art. 199
Constitutional petition
Habeas Corpus petition for recovery of minor/detenue
Minor/detenue detained in a district attached with the Principal Seat of the High Court
Mother filed petition for recovery of minor before that Bench of the High Court, from where minor was allegedly snatched by the father
Minor was removed by her father to a different district, where she was allegedly illegally detained
Mother contended that High Court had jurisdiction for whole of the Province, therefore, petition for recovery of minor could be filed before Bench of the High Court, from where the minor was allegedly snatched
All the areas of the Province fell within the appellate criminal jurisdiction of the High Court but different areas were attached with the Principal Seat and Benches of the High Court keeping in view the convenience of the litigant public
Petition under S.491, Cr.P.C. could be filed in the appellate criminal jurisdiction of the Bench where the detenue was illegally or improperly detained
Minor, in the present case, was allegedly illegally detained in a district, which was attached with the Principal Seat of the High Court, therefore, it was expedient for the ends of justice that present petition be filed at the Principal Seat
Place of removal of minor was immaterial for the purpose of jurisdiction to hear a petition under S.491, Cr.P.C. or under Art.199 of the Constitution
Present constitutional petition was disposed of with the observation that mother might file an application for recovery of minor before the Sessions Judge or at the Principal Seat of the High Court, where minor was allegedly detained.
S. 491
Constitution of Pakistan, Art. 199
Constitutional petition
Habeas corpus petition for recovery of minor/detenue
Place of removal of minor/detenue
Scope
Place of removal of minor/detenue was immaterial for the purpose of jurisdiction to hear a petition under S.491, Cr.P.C. or under Art. 199 of the Constitution.
Judgment & Decree
RAUF AHMAD SHEIKH, J.
The petitioner has prayed for issuance of a warrant for search, recovery and production of minor Iman Kalsoom aged about one year. It is contended that the minor was born out of the wedlock between her and respondent No.2. It is alleged that on 7-10-2012, the respondents Nos.2 to 4 forcibly snatched the minor from the petitioner, who was living in the house of her brother at Multan and had removed her to Chak No.35/36-ML District Bhakkar, where she has been kept under improper custody.
2. The learned counsel for the petitioner has contended that this Court has the jurisdiction for whole of the Province of Punjab and that the minor was removed from Multan so the petition may be filed before this Bench. In support of the contention raised, reliance is placed on PLD 2011 SC 17.
3. The minor is allegedly detained in Chak No.35/36-ML Tehsil Kaloor Kot District Bhakkar. District Bhakkar is attached with the Principal Seat of this Court. There is no cavil to the proposition that all the areas in the Province of Punjab fall within the appellate criminal jurisdiction of this Court but different are as are attached with the Principal Seat and Benches of this Court keeping in view the convenience of the litigant public. A petition under section 491, Cr.P.C., can be filed before the Court in the appellate criminal jurisdiction of which the detenue is illegally or improperly detained. As the place, where the minor is allegedly improperly detained, is attached with the Principal Seat so it is expedient for the ends of justice that the petition be filed at the Principal Seat. The place of removal is immaterial for the purposes of jurisdiction to hear the petition under section 491, Cr.P.C. or habeas petition under Article 199 of the Constitution. The case-law cited at the bar by the learned counsel for the petitioner is not applicable on the facts of the present petition. Even otherwise this Court has authorized the Sessions Judges/Additional Sessions Judges in the Province of Punjab to exercise the powers under section 491, Cr.P.C., vide Notifications Nos.58/RHC dated 18-4-2002, 351-JOB(1)VI.F.6 dated 23-11-2009 and 114-JOB(1).VI.F.6 dated 20-5-2010 in respect of the areas falling within their jurisdiction. The petitioner may file the application before the learned Sessions Judge, Bhakkar or at the Principal Seat, if so as desired/advised. With this petition stands disposed of. MWA/R-41/L Order accordingly.