ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Misc. Application No.S- 193 of 2021

Date	Order with signature of Judge

For hearing of main case.

17-05-2021

Mr. Muhammad Khan Bharejo, Advocate for the Applicant

Ms. Shabana Naheed, APG alongwith SI Huzoor Bux of P.S. Padidan

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Statement is filed by SHO P.S. Padidan. It is taken on record; copy whereof is provided to learned Counsel for the Applicant. Mr. Abdul Qadir Khanzada, advocate files power on behalf of Respondents No.5 to 7. As per him, Mst. Abida, alleged detenue with her baby Irum, is residing with her husband Muhammad Haneef at Karachi.

Learned Counsel for the Applicant when was confronted with this position, submitted that this Court has still jurisdiction for issuing Rule-Nisi for recovery of the alleged detenue with her baby Irum.

Writ of Habeas Corpus as per Section 491(a) Cr.P.C could only be issued by this Court within its criminal appellate jurisdiction.

In view of above, Crl. Misc. Application under Section 491 Cr.P.C is dismissed for want of jurisdiction with an advice to the applicant to approach the Court having jurisdiction at Karachi for the needful.

JUDGE

Faisal Mumtaz/ PS