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INAYAT HUSSAIN versus CH. AKRAM


Criminal Procedure Code (CCPC) Section 491 Flabys Corporal Dettins, including two men, two women and five children, were wrongly imprisoned by the respondents. Respondents to their particular responsibility have no right to deny the freedom of the datasets, they are banned.

1977 P Cr. L J 1077

[Lahore]

Before Malik Saeed Hassan, J

INAYAT HUSSAIN-Petitioner

versus

Ch. AKRAM AND 7 OTHERS---Respondents

Criminal Miscellaneous No. 506/H of 1977, decided on 20th August 1977.

Criminal Procedure Code (V of 1898)-

---- S. 491-flabeas corpus-Detenus, including two men, two women and five children, deposing to have been wrongly confined by res pondents-Respondents contending that alleged detenus and petitioner received advances to work at their brick-kiln petition filled to escape their pecuniary liability-Respondents, held, having no right to deny liberty to detenus, under an assertion of pecuniary obligation Datenus set at liberty. [Habeas corpus].

Ch. Muhammad Hussain for Petitioner.

Q. M. Salim for Respondents.

ORDER

In compliance with the orders of this Court the detenus including two men, two women and five children have been produced. The detenus have stated before me teat the respondents had wrongly confined them and do not wish to reside at the place from where they have been recovered.

Respondents Ch. Akram and Ch. Ahsan have stated that they have lent advances to the petitioner and the detenus. Learned counsel for the respondents contends that the petitioner as well as the detenus to escape the pecuniary liability has filed this petition. If the respondents have any monetary claim against the detenus or the petitioner, they are free to have recourse to law. However, under an assertion of pecuniary obliga tion, the respondents have no right to deny the liberty of the detenus. The detenus are act at liberty. They are free. Rule is made absolute.

Petition allowed.

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