' Shaukat Ali, the petitioner has filed this petition under section 491 of the Cr.P.C. For recovery of his .Wife, Mst. Rani and minor son Muhammad Rainzan, aged about 6 years, allegedly kept in illegal and improper custody of respondents Nos.3 to 6. Earlier to this petition, Shaukat Ali has filed an application under section 491 of Cr.P.C. Before the learned Sessions Judge, Bahawalpur but that application was dismissed on 26-6-2004. Hence this petition.
2. According to the learned counsel, the learned Sessions Judge has wrongly dismissed the application of the petitioner and the petition was competent and it was the duty of the Court to get recovered the wife and son of the petitioner.
3. I have considered the arguments of the learned counsel and have perused the record.
4. From the record, it reveals that Mst. Rani and her minor son Muhammad Ramzan were allegedly abducted in case F.I.R. No,160 of 2003 dated 22-6-2003, lodged with Police Station, Abbas Nagar under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, registered against the above noted respondents. It was stated before learned Sessions Judge that Faiz Baldish, one of the respondents, was under arrest in the case and was in the custody of police. He was fully interrogated but even after the use of this method, the police had not been able to get any clue with regard to the alleged illegal detention of the wife and minor son of the petitioner. The above noted respondents have been declared to be proclaimed offenders and at present not traceable.
5. To get the recovery of detinus under section 491 read with section 561-A of the Cr.P.C., it is necessary that whereabouts of the detinus and the place shall be mentioned or pointed out by the petitioner. The petitioner himself has not been able to locate and disclose any such place from where the recovery could be made. The registration of F.I.R. With regard to the occurrence as noted above, has already been made, so as to trace the rest of the accused and recover the alleged detinus. So , this application has rightly been dismissed by the learned Sessions Judge. However, the petitioner can approach the local police with whom the investigation is in progress, if he is not satisfied with the pace and progress of the investigation, he can have redressal of the grievance from the superior of that force as provided by law. But this application being misconceived is, therefore, disposed of as such.