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Official Citation: 2024 SHC 1112
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-09-25
Parties: Fida Hussain vs S.S.P Tharparkar and others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-09-25, officially reported as 2024 SHC 1112. In this matter between Fida Hussain and S.S.P Tharparkar and others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC1112
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon Title: Fida Hussain vs S.S.P Tharparkar and others Case No.: Criminal Misc. Application No.S-520 of 2024 Date of Judgment:2024-09-25 Reported As: 2024 SHC 1112 Result: Application Disposed of
Judgment
ORDER Adnan-ul-Karim Memon, J. The applicant Fida Hussain claimed that his wife has been detained by her parents and sought her immediate recovery, and due to this reason, this court vide order dated 12-09-2024 directed the official respondents for the production of the alleged detenue before this court. 2. In compliance with the court's order, SIP Kamal Samejo of P.S Chachro has produced alleged detainee Mst. Sain along with a report and memo of recovery. On query, Mst. Sain denied the allegations leveled by the applicant and submitted that she does not want to go with the applicant for the time being; and, intended to go with her father. Since, the alleged detainee is a sui juris lady and wants to go with her father, she is at liberty to go wherever she desires. 3. Section 491 of the Cr.P.C. empowers the High Court to issue writs of habeas corpus, which are used to challenge the legality of a person's detention. It provides a remedy for those who believe they are being unlawfully detained, whether by the government or private individuals. The primary purpose of Section 491 Cr.P.C is to ensure that the person is detained under due process of law. And the detention is not based on whim or caprice. 4. Before parting with this order it is directed that the Police officials shall protect Mst. Sain and ensure no harm is caused to her by either party and if any harassment is caused to her by any of the parties the police shall act swiftly. 5. In view of the statement of the alleged detenee, no case of illegal detention is made out and the purpose of filing the instant Criminal Miscellaneous Application under section 491 Cr. P.C. has been served; therefore, the same stands disposed of.