The petitioner has prayed for issuance of a warrant for search, recovery and production of minor Iman Kalsoom aged about one year. It is contended that the minor was born out of the wedlock between her and Respondent No,
2. It is alleged that on 7.10.2012, the Respondents Nos, 2 to 4 forcibly snatched the minor from the petitioner, who was living in the house of her brother at Multan and had removed her to Chak No: 35/36-ML District Bhakkar, where she has been kept under improper custody.
2. The learned counsel for the petitioner has contended that this. Court has the jurisdiction for whole of the Province of Punjab and that the minor was removed from Multan so the petition may be filed before this Bench. In support of the contention raised, reliance is placed, on 2011 PSC(Crl.)
100 (Supreme Court of Pakistan).
3. The minor is allegedly detained in Chak No, 35/36-ML Tehsil -Kaloor. Kot District Bhakkar. District Bhakkar is attached with the Principal Seat of this Court. There is no cavil to the proposition that all the areas in the Province of Punjab fall within the appellate criminal jurisdiction of this Court but different areas are attached with the Principal Seat and Benches of this Court keeping in view the convenience of the litigant public. A petition under Section 491, Cr.P.C., can be filed before the Court in the appellate criminal jurisdiction of which the detenue is illegally or improperly detained. As the place, where the minor is allegedly improperly detained, is attached with the Principal Seat so it is expedient for the ends of justice that the petition be filed at the Principal Seat. The place of removal is immaterial for the purposes of jurisdiction to hear the petition under Section 491, Cr.P.C. or habeas petition under Article 199 of the Constitution. The case law cited at the bar by the learned counsel for the petitioner is not applicable on the facts of the present petition. Even otherwise this Court has authorized the Sessions Judges/Additional Sessions Judges in the Province of Punjab to exercise the powers under Section 491, vide Notifications Nos,58/RHC dated 18.4.2002, 351- JOB(1)'VI.F.6 dated 23.11.2009 and 114-JOB(1).VI.F.6 dated 20.5.2010 in respect of the areas falling within their jurisdiction. The petitioner may file the application before the learned Sessions Judge, Bhakkar or at the Principal Seat, if so as desired/advised. With this observation, the petition stands disposed of.