ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Constt. Petition No. S- 79 of 2021.

Date of hearing

Order with signature of Judge

26.04.2021.

For hearing of main case.

            Mr. Sabir Ali Shaikh, Advocate for petitioner.

            Mr. Munawar Ali Abbasi, Asstt. A.G.

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            Mr. Muhammad Aslam H. Jatoi, Advocate files vakalatnama on behalf of respondents No.4 and 7, which is taken on record.

            Statements filed on behalf of respondents No.2 and 3 are also taken on record; copies whereof provided to other side.

            Through captioned petition, petitioner Mst. Haseena seeks production of her daughter Mst. Shahida, baby Afshan and master Ayaz Ali (the daughter and son of Mst. Shahida), who according to the petitioner are in wrongful confinement of private respondents No.4 to 8. According to petitioner the respondent No.4 (Ali Gohar) happens to be husband of alleged detainee Mst. Shahida.

            Perusal of record reflects that, prior to filing of instant petition the husband of present petitioner, namely, Dost Muhammad had filed an application in terms of Section 491 Cr.P.C vide Crl. Misc. Appln. No. 256 of 2020, before learned Sessions Judge, Larkana seeking production of same detainees and during such proceedings it came on surface that minors are with their father i.e. respondent No.4, while for detainee Mst. Shahida it was said that she had left house of respondent No.4. It further appears that after hearing the parties the learned Sessions Judge vide Order dated 24.11.2020 directed investigation in the matter through S.S.P Larkana. However, there is nothing on record to show that what was the fate of investigation directed by learned Sessions Judge through S.S.P. and the petitioner without waiting for outcome of that investigation has come forward by filing instant petition before this Court.

            In view of above position, learned counsel for the petitioner seeks disposal of the instant petition leaving the petitioner at liberty to approach learned Sessions Judge concerned again by filing an application in the same matter for calling report from the S.S.P with regard to compliance of order passed by him and learned Sessions Judge shall then dispose of such application in accordance with law.  Order accordingly.

                                                Judge

Ansari