ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. App. No. S – 358 of 2020

Applicant : Nadir Ali Khokhar

Through Hizbullah Khaskheli, Advocate

Date of hearing : 20.07.2020

Date of order : 20.07.2020

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O R D E R

Adnan-ul-Karim Memon, J: Instant Criminal Miscellaneous Application is filed by the Applicant to issue a writ of Habeas Corpus directing the respondents-Police officials, to produce his wife, Mst. Somai to enable him to take her to the matrimonial home.

2. According to the averments of this application, in the month of June 2020, the applicant came in contact with Mst. Somai later turned into love and they agreed to marry each other and accordingly married on 10.6.2020 under Muhammadan law, which was registered before the Marriage Officer, Khanan Khoso, Taluka Moro, District Naushahro Feroze. It is his further case that the learned trial court, vide order dated 24.6.2020, disposed of Criminal Miscellaneous Application No.151 of 2020, with direction to SSP Naushahro-Feroze to probe into the matter and deal with the same in accordance with law.

3. It is contended that the wife of the Applicant is afraid to inform her parents regarding their marriage for the reason that her father or private Respondents No.16 & 17 may do away with her life and also the Applicant. Later, his father-in-law, having learned the registered marriage between his daughter and the Applicant, in connivance with the private respondents No.16 & 17, has restrained his wife from going out of their detention. Applicant, being aggrieved by and dissatisfied with the inaction on the part of Respondents No. 5 to 9 as well as against the impugned order has filed present Misc. Application.

4. Prima-facie, this Misc. Application ingeniously filed with an ulterior motive to abuse process of Habeas Corpus. The process of this Court cannot be misused by unscrupulous persons. In view of the order dated 24.6.2020 passed by the learned trial court. Prima-facie, the question of considering that his wife is under illegal detention of her father or private respondents No. 16 & 17 does not arise.

5. In my humble view, a habeas corpus writ is to be issued only when the person concerning whose liberty is involved. This Criminal Miscellaneous Application has been filed on the premise that his wife is illegally detained by her parents/private respondents No. 16 & 17 whereas, the factual aspect of the case is otherwise as recorded by the learned trial Court vide order dated 24.06.2020.

6. On the basis of a habeas corpus application the power under Section 491 r/w Section 561-A Cr.P.C is not to be exercised for tracing alleged detenue, 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. Habeas Corpus would have been maintained if his wife was under unlawful detention. Accordingly, Criminal Miscellaneous Application along with listed application(s) stands dismissed with no order as to costs. However the applicant is at liberty to avail of his remedy as provided under the law, if he is at all aggrieved.

J U D G E