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Criminal Miscellaneous Application No. 456 of 1976, decided on 18^th June 1976.

S. 491‑Habeas corpus‑Detenu, a major married woman, alleging her abduction by respondent when produced in Court and desiring to accompany her husband‑Detenu set at liberty.‑[Habeas corpus].

Muhammad Ali Sheikh for Applicant.

Abdul Hafeez Lakho Addl. A. G. for the State.

‑‑This is an application under section 491, Cr. P. C. filed by one Baradi claiming to be the husband of Mst. Hawa for her recovery and for the recovery of his minor son Ghulam Yasin, who according to the allega tion made in the application, were unlawfully detained by one Khairo by carte Kumbhar resident of village Imam Ali Shah near Breji Mori, Mirwan Road Taluka and District Mirpurkhas.

On 18‑5‑1974 a Division Bench of this Court consisting of their Lordship he Chief Justice Mr. Abdul Kadir Shaikh and Mr. Justice Mr. Khuda Baksh Marri issued Rule nisi for the production of Mst. Hawa and the minor Ghulam Yasin. However, the process was returned unserved as it was stated that the respondent had shifted to some other place in Nawabshah. However, in 9‑6‑1976 Mr. Muhammad Ali Shaikh stated that the police did not search the house of the respondent because of local influence. Therefore, we directed that the process be served through D. I. G., Hyderabad, who was directed to send a police party from any other district. Today the police has produced Mst. Hawa and the minor Ghulam Yasin. It appears that D. I. G. deputed Choudhry Muhammad Yaqoob, Inspector C. I. A., Hyderabad (Sind) to search the alleged detenu, who submitted his report to this Court stating therein that he searched Mst. Hawa and her minor son Ghulam Yasin at the address given by the petitioner but they could not be traced there. However, he received information that Mst. Hawa and the minor Ghulam Yasin were residing near Railway colony in Railway quarter No. D, Block E' and accordingly, he went there and found Mst. Hawa and the minor Ghulam Yasin were living with her mother, father and brother and secured them from there. He further reported that respondent had left his village and the house of her mother‑in‑law about one and a half month back and his whereabouts were not known to any one.

We have recorded the statement of Mst. Hawa. She states that she is aged 20 years and is married to the petitioner from whom she has a son by the name of Ghulam Yasin who is with her at the moment. She further states that she was forcibly taken away by the respondent and some other persons and was released by the respondent two or three days prior to the day: she was recovered from the house of her mother by the police. However she states that she desires to go with her husband. Since she is major and has expressed her desire to go with her husband. We allow her to do so. This disposes of the application.

We may record that we have refrained from saying anything about her alleged abduction by the respondent lest the case of any of the parties might be prejudiced.

Order accordingly.

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