MUHAMMAD SHAKEEL & OTHERS (Applicant) VS THE STATE (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Misc. Appl: No.S-76 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on office objection.

For hearing of main case.

Mr. Muhammad Yasin Leghari, Advocate alongwith Applicant.

Mr. Zulfiqar Ali Khoso, Advocate alongwith respondent No.1.

Mr. Shahid Ahmed Shaikh, Deputy Prosecutor General.

Statement alongwith annexures has been filed by SHO PS A-Section Shahdadkot, taken on record and copy supplied to the counsel for applicant.

Learned counsel for the applicant states that despite various attempts made, till date, the alleged detainee has not been found and brought to this Court. He further refers to various reports, which appear to be inconclusive and stereotype, suggesting that hectic efforts have been made for the recovery of alleged detainee, but no success.

Learned counsel for the respondents states that infact respondent No.3 (who is also present in Court) was the first husband of the alleged detainee and the respondents have not abducted the detainee, rather as an outcome of the Constitutional Petition No.S-760 of 2015 on 30.09.2015 after providing maximum protection to the alleged detainee, she was permitted to go with the applicant and the respondents have reasons to believe that

the detainee is still with the applicant, who to avoid any legal exposure of marrying an already married woman has filed this frivolous application.

Learned D.P.G provided valuable assistance and states that apparently despite claims and counter claims, the detainee is still not brought to this Court since filing of this Petition on 11.03.2016, and suggested that the concerned D.I.G may be directed to recover the alleged detainee after considering all the possibilities as to the whereabouts of the detainee. This proposal had accent of both sides.

In these circumstances, the DIG Hyderabad is directed to take-up the matter and ensure that the alleged detainee is brought to this Court on the next date of hearing being 31.01.2019 and all possible tools and resources be used in this task. All parties are directed to provide full assistance for the production of the detainee.

Adjourned to 31.01.2019.

JUDGE

Fahad Memon