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K.L.R. 1994 Criminal Cases 246

(MST.) BASHIRAN BIBI vs S.H.O. POLICE STATION SADDAR DIPALPUR, DISTRICT

CitationK.L.R. 1994 Criminal Cases 246
CourtLahore High Court
Case No.Crl. Misc. No. 69/H of 1994
Date1994-02-08
Judge(s)Sajjad Ahmad Sipra
ResultN/A

ORDER

SAJJAD AHMAD SIPRA, J- Pursuant to the order dated 7.2.1994 he bailiff has produced the alleged detenue, Mst. Anwar bibi before the Court. Her husband Muhammad sharif respondent No. 2 is also present alongwith his counsel.

2. Mst. Anwar Bibi stated before the Court that her husband was not allowing her to meet with her parents etc. and was otherwise putting pressure on her to compromise with his brother Yousaf khan, who is an accused in a case registered in respect of the occurrence which Mst. Anwar Bibi herself had been injured at his hands by a pistol shot. Further submitted that she was nuder forcible detention by the respondent at present and that she does not want to go with the respndent and she wants to go with the petitioner, her real mother.

3. Respondent No. 2 Muhammad Sharif, on the other hand, stated that she (the alleged detenue) was happily living with him an is his lawfully wedded wife and the mother of his two children, and that it was only under he influence of her mother that she had made the statement against him in the Court as stated above.

4. However, in view of what has been stated by the detenue, Mst. Anwar Bibi, and taking into consideration that she is a grown up woman and further taking into consideration that she is under considerable stress and strain because of her having been subjected to murderous assault as alleged by the brother of the present respondent No.2 as stated above, the present habeas corpus petition is hereby allowed and the detenue, Mst. Anwar Bibi is hereby set at liberty o go wherever she wishes. The two minor children of the respondent No.2 and the detenue, Mst. Anwar Bibi are in her custody at present and are allowed to go with her.

4. Anything slated herein shall be without prejudice to the case of the parties in respect of any domestic matter including the custody of the children and shall be without prejudice to the merits of any Civil or Criminal case between the parties or in respect of the alleged murderous assault on Mst. Anwar Bibi stated above. Disposed of Rs. 500/- deposited as security may be refunded to the petitioner forthwith.

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