Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as Criminal Miscelleneous 188/2026 (SHC). In this matter between Criminal Miscelleneous 188/2026 (S.B.) Zulfiqar Ali and SSP Sanghar & others Sindh High Court, Circuit Court, Mirpur Khas, 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.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: CITATION: PARTIES: ORDER DATE: BENCH: A.F.R: ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH CIRCUIT COURT MIRPURKHAS

Criminal Misc. Application No.S-188 of 2026 DATE ORDER WITH SIGNATURE OF JUDGE

1. For order on office objection. 2. For hearing of main case. 20.07.2026

Mr. Om Parkash H. Karmani , advocate f or the applicant a/w applicant. Mr. Qabool Khan Shar, advocate for the respondent No.3 a/w respondent No.3

Mr. Ghulam Abbas Dalwani, D.P.G a/w Mr. Zakarya Korejo DSP Legal Sanghar appeared on behalf of SSP Sanghar, Mr. Pervaiz Akhter Qureshi DSP/SDPO Jam Nawaz Ali and Inspector Kirshan Lal SHO PS Jam Nawaz Ali. = The applicant, Zulfiqar Ali, has invoked the jurisdiction of this Court under Section 491 Cr.P.C., averring that his minor daughter, Jobi, was forcibly removed and unlawfully detained by p rivate respondents Nos.3 to 5 within their custody. On the strength of these averments, Rule Nisi was issued. Respondent No.3, appearing through learned counsel Mr. Qabool Khan Shar, initially sought time to produce the alleged detenue, but subsequently co nceded that his client was beyond his contact. In these circumstances, the Rule Nisi was made absolute, and the SSP Sanghar was directed to depute a police officer, not below the rank of DSP, to ensure production of the alleged detenue before this Court. In compliance, the alleged detenue has been produced before the Court today. From her physical appearance, she is apparently a minor of about fourteen years of age. She has affirmatively stated that she has not contracted marriage with any person and that she was confined against her will by respondents Nos.3 to 5. She has further expressed her clear and voluntary willingness to reside with the applicant, her natural father. Accordingly, she is set at liberty forthwith.

2

Having regard to her statement, wh ich unequivocally establishes her illegal confinement at the hands of respondents Nos.3 to 5, the applicant and the alleged detenue are at liberty to approach the concerned SHO for recording of statement under Section 154 Cr.P.C. Should a cognizable offenc e be disclosed therefrom, the same shall be registered and proceeded with strictly in accordance with law. The applicant has voiced a genuine apprehension of threat to his life and that of the alleged detenue. Given the sensitivity of the matter, Mr. Zak arya Korejo, DSP Sanghar, is directed to extend requisite protection to the applicant and the alleged detenue to ensure their safe passage to their intended destination. At this juncture, learned counsel for the applicant has pressed an application seeki ng antedating of the hearing presently fixed for 21.07.2026. Having heard learned counsel and having carefully examined the record, this Court finds no exceptional circumstance or sufficient cause justifying the advancement of the date already fixed. The a pplication, being devoid of merit, is accordingly dismissed. For the foregoing reasons, the instant application stands disposed of in the above terms.

JUDGE

*Adnan Ashraf Nizamani*

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