MST. KANIZ FATIMA versus SESSIONS JUDGE, MUZAFFARGARH
Section 616161 Criminal Code of Conduct (v. 1898), Section 491 Constitution of Pakistan, Article 199 Legal guardianship abducted by a law-abiding corporation session judge initiated proceedings under section 491, CRPC, on a petition filed by his father. For custody of their own son at the age of 4, the mother of the child was always the natural guardian with the father. The mother cannot be held guilty of abducting her own child nor with 361 PPC. The exception posted was too high. Delivering a person from criminal liability even if he / she considers himself / herself the mother / father of an illegitimate child or is entitled to legal custody of the child in good faith. A 4 year old needs love, love and care. The crime of abduction from the mother to the legal guardian by the mother was not excluded and the session judge did not conduct the relevant examination. The High Court set aside the order issued by the session judge, and under section 491, CRPC The proceedings were terminated, as their continuation would amount to misconduct by law enforcement.
Related judgments — Lahore High Court Lahore, 2015
