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Official Citation: Criminal Miscelleneous 532/2024 (SHC)
Court / Jurisdiction: Sindh High Court
Petitioner: Criminal Miscelleneous 532/2024 (S.B.) Sindh High Court, Circuit Court, Mirpur Khas - Mst. Sadia (Applicant)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Criminal Miscelleneous 532/2024 (SHC). In this matter between Criminal Miscelleneous 532/2024 (S.B.) Sindh High Court, Circuit Court, Mirpur Khas - Mst. Sadia (Applicant) and the Respondent, 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.
COURT: Sindh High Court CASE NO: Criminal Miscelleneous 532/2024 (S.B.) Sindh High Court, Circuit Court, Mirpur Khas CITATION: 2024 SHC MPK 698 PARTIES: Mst. Sadia (Applicant) ORDER DATE: 01-OCT-24 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH CIRCUIT COURT MIRPURKHAS
Criminal Misc. Application No. S-532 of 2024 (Mst. Sadia Vs. I.G Police Sindh and others)
DATE ORDER WITH SIGNATURE OF JUDGE
Date of hearing and order 01.10.2024 Mr. Francis Lucas Khokhar advocate for the applicant a/w applicant. Mr. Dilawar Hussain Panhwer advocate for respondents No.4 and 9 a/w respondents No.4 and 9. Mr. Dhani Bakhsh Mari, Assistant P.G Sindh.
= O R D E R
Adnan-ul-Karim Memon, J. Applicant Mst. Sadia has filed this Criminal Miscellaneous Application under section 491 Cr.P.C seeking direction to the police officials to recover and produce her adopted daughter Mst. Noshaba before this Court, who was illegally and improperly detained by private respondents N o.4 to 11 at their house situated in village Sirai Muhammad Jumman Khaskheli, District Khairpur. 2. Today alleged detainee Mst. Noshaba has been produced by her mother Mst. Farzana. On query , she states that she has been detained without her wish and wil l and torture has been inflicted upon her and now she wants to live with applicant Mst. Sadia, who is present before this Court. She also seeks protection. Since alleged detainee Mst. Noshaba is a su i juris lady, hence she is at liberty to go wherever she wants. However, the allegations of Mst. Noshaba shall be looked into by the SHO concerned and due protection shall be provided to her to the effect that no harassment shall be caused to the applicant as well to Mst. Noshaba. 3. The private respondents are warned to be careful while dealing with Mst. Noshaba and if any sort of harassment is caused to her and the applicant, they shall be dealt with under the law. 4. In view of the above, the instant application is disposed of.
JUDGE