KHURSHED vs KHUSHI MUHAMMAD — 1970 PCRLJ 401

Citation: 1970 PCRLJ 401

Court: Lahore High Court

Year: 1969

Decision Date: 1969-09-26

Parties: KHURSHED vs KHUSHI MUHAMMAD

Headnotes

Case cited as 1970 PCRLJ 401

Judgment Text

Court Name: Lahore High Court Judge(s): Shoukat Ali Title: KHURSHED vs KHUSHI MUHAMMAD Case No.: Criminal Miscellaneous No. 5681-H of 1969 Date of Judgment:1969-09-26 Reported As: 1970 P Cr. L J 401 Result: Order accordingly Judgment ORDER The petitioner Khurshed son of Ilam Din prayed that Hidayat son of Isa was improperly confined and detained by Khushi Muhammad respondent, as he wanted Hidayat to execute a power-of- attorney in his favour authorising him to alienate his property. An affidavit was filed in support of the allegations made in the petition. 2. By my order dated the 24th of September 1969, a writ of habeas corpus was issued to the respondent. A bailiff was detailed to effect the recovery of Hidayat. In p--rsuance of the order of this Court, the bailiff recovered Hidayat and has produced him in this Court today. His statement has been recorded. Hidayat in his statement has stated that he was staying of his own free-will with Khushi Muhammad and that the petitioner by filing frivolous petitions was harassing him. The petitioner who was present along with his counsel did not contest the statement made by the detenu. In my judgment it is a frivolous petition. I think that the peti--tioner must be penalised for vexatious proceedings. 3. Under section 491(2), Cr. P. C., High Court has been empowered to frame rules to regulate the procedure in cases under section 491, Cr. P. C. Rule 10 of Chapter 4-F, High Court Rules and Orders, Volume V, empowers this Court to…

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