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HAFIZ ALI versus NOOR MUHAMMAD


Criminal Procedure Code (CRPC) S, 491 Habeas Corpus Dento A key, defendant is placed under severe pressure and is not allowed to meet his parents, not ready to return to her husband, Dento. , Under the circumstances, wherever they can go freely [Habitat Corps]

1983 P Cr. L J 204

[Karachi]

Before Z. C. Valiant, J

Haji HAFIZ ALI-Applicant

Versus

NOOK MUHAMMAD AND OTHERS-Respondents

Criminal Miscellaneous No. 8 of 1982, decided on 8th February, 1982.

Criminal Procedure Code (V of 1898)

--S, 491-Habeas corpus-Detenu a major, kept by respondent under duress and not permitted to meet her parents-Detenu not willing to go back to her husband-Detenu, in circumstances, set free to go anywhere she wants.-[Habeas corpus].

Ataullah Khan for Applicant.

Respondent No. 1 in person.

M. I. Memon, Addl. Advocate-General for the State.

ORDER

I have heard the learned counsel for the applicant as well as respondent No. 1 who is present in person who has stated, that the applicant, his father-in-law, in order to usurp his jewellery have been filing such petitions against him and one of the petition was filed in this Court bearing Const. P. No. 149x/80, which was disposed of on 30th March, 1981. The detenu Mst. Khatija has been examined in open Court and she was cross-examined by respondent No. 1. It is clear from the statement of Mst. Khatija, that she is major and has been kept under duress by respondent No. 1 at his house, who does not permit her even to meet her parents. Since detenu Mst. Khatija is major and does not wish to go back to her husband from where she was secured by police, I set her at liberty and she is now free to go wherever she wants, as she is major. The above petition stands disposed of in terms of the above order.

Order accordingly

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