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Criminal Miscellaneous No. 751 of 1980, decided on 22nd December, 1980.

-- S. 491-Habeas corpus--Detenu a deaf, dumb and mentally imbalanced person and possibility that she might have gone any where of her own accord, existing-Petitioner also failed to give definite whereabouts of alleged detenu-No purpose, held, would be served by protracting proceedings in circumstances - Petition dismissed.

Akhlaq Ahmed Siddiqi for Petitioner.

A. Sattar Shaikh, A. A.-G. for the State.

-Petitioner, who is said to be 80 years of age, has filed this petition alleging that his wife Mst. Syed Zadi Masooma Jamila, aged 30 years, is illegally confined against her wishes by the 4 respondents herein and that she be set at liberty from the confine ment of the respondents. Rule Nisi was issued to the respondents to produce the said detenu in Court. On 25th August, 1980, one of the respondents, namely, Mulla Jans appeared and stated that he did. not know the whereabouts of the detenu nor he knew the whereabouts of the respondents. The Court thereupon issued notice to the S. H. O., Quaidabad Police Station to search for the detenu whereafter the S. H. O. complied with the orders and made a report that he searched for the detenu but she was not traceable at the address given in the petition. The Court thereupon passed an order directing the petitioner to ascertain the whereabouts of the detenu and to furnish the address in the office. The petitioner showed his inability whereupon the S. H. O. was directed to attend the Court. Subsequently, general search warrant was also issued for producing the detenu. The S. H. O. Mr. Aslam Naizi is present today and he states that he tried to serve the respondents but according to his information respondents 1 and 4 are stated to be out of Karachi and their whereabouts were not known. He however searched the houses of the respondents 2 and 3 but he did not find the alleged detenu therein and that he also does not know the present whereabouts of the detenu. Out of these two respondents whose houses were searched, one Mulla Jans is present and the other Babar Khan is stated to be seriously ill. The S. H. O. further points out that the petitioner after being released from the Jail had filed a report at the New Town Police Station on 30th June, 1980 reporting that his wife the alleged detenu, who was deaf, dumb and mentally imbalanced was missing from the house.

Learned Additional Advocate-General, in these circumstances, stated that the detenu might have gone away anywhere of her own will and therefore no useful purpose ,will be served for making any more efforts to trace her and this application had become infructuous.

The petitioner admits that he had filed the above, said report. From the statement of the S.H.O. it would appear that efforts have been made to trace detenu but without any success. As pointed out by the learned Additional Advocate-General, the detenu being deaf, dumb and mentally imbalanced it is quite possible that she might have gone away anywhere and therefore, no useful purpose would be served by protracting these proceedings, propriety of using the proceeding for tracing her apart. The petitioner has also failed to give fresh whereabouts of the alleged detenu.

In these circumstances, we dismiss this petition. If the petitioner has any grievance against Police, he may approach the proper authorities.

Habeas Corpus application dismissed.

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