ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C.P. No.D-115 of 2020

Petitioner : Ghulam Shabbir Niazi

Through Syed Sardar Ali Shah Jilani, Advocate

Respondents : Through Mr. J. K. Jarwar, Advocate

P.O. Sindh : Through Zulfiqar Ali Naich, Assistant

Advocate General

Date of hearing : 16.07.2020

Date of Order : 16.07.2020

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O R D E R

ADNAN-UL-KARIM MEMON, J: learned counsel for the petitioner has submitted the petitioner's wife namely Mst. Farhana Mahreen and daughter Mst. Anam went missing. It is contended that the police have not taken any step for tracking down the missing person. Hence this court should issue a habeas corpus directing the police to trace, recover and produce the missing person.

2. Learned AAG has disputed the stance of the learned counsel for the petitioner on the premise that in earlier round of litigation, petitioner lodged FIR No. FIR No.89/2018, under Section 365-B, 504, 34 PPC, at P.S. A-Section, Sukkur, which was recommended for cancel class and the same summary was approved by the learned 3^rd Civil Judge & Judicial Magistrate vide order dated 17.12.2018. He however, submits that official respondents are trying their level best to locate the whereabouts of the alleged missing person if any and if the petitioner comes forward with concrete evidence against anyone, they shall take prompt action in accordance with law.

3. In our view, a habeas corpus writ is to be issued only when the person concerning whose liberty, the petition has been filed, is illegally detained by respondents in the petition. On the basis of a habeas corpus petition the power under Article 199 of the constitution is not to be exercised for tracing a missing person engaging an investigating agency empowered to investigate a case under the Code of Criminal Procedure. The investigation, if in progress, is to be overseen by the criminal court. Here the petitioner is asking this court to direct the police to track down his missing wife and daughter. At this stage petitioner seeks disposal of the instant petition, in view of statement of learned AAG. This petition stands disposed of in the terms of statement of learned AAG.

JUDGE