1. ' This application has been moved under section 491, Cr.P.C. With a prayer that orders be issued for recovery of detenus Mst. Zubeda, Ghulam Nabi and Muhammad Jaffer. According to the applicant, she is mother of said Ghulam Nabi and his younger brother Jaffer while Mst. Zubeda is the daughter of one Muhammad Usman and that she had married with said Ghulam Nabi. According to the applicant, about 8 days back the respondents Nos.1 to 5 came to the house of the applicant and after robbing her of gold and cash they also took away her minor son Jaffer. It is, however, not alleged in the application if Ghulam Nabi or Mst. Zubeda were also taken away by these respondents but in para. 7 of the application it is stated that they are also confined illegally in wrongful custody with respondents Nos.1 to 5. In these circumstances, the present applicant has made this application with the said prayer. Of course the applicant does not seek any remedy to lodge the F.I.R. In the case as the robbery and kidnapping is also alleged.
2. ' Mr Ahmed All Shaikh learned counsel who has appeared for the said private respondents has stated that the present applicants have suppressed the factual aspect. He has pointed out that on 18-5-1995 the father of the said minor Mst. Zubeda had got registered F.I.R. No,30/95 at Hatri Police Station under section 11/16 of Zina Ordinance wherein he has alleged that his daughter Mst. Zubeda has been abducted by Ghulam Nabi, the son of the present applicant. This F.I.R. Being earlier in time than the present applicationhas been filed by way of counterblast and to pressurise the said respondents. In such circumstances the prayer sought by the applicant cannot possibly be granted. Reliance is placed on the case of Wazir v. S.H.O. Mahboob Kalhoro Police Station 1990 PCr.LJ 2006.
3. ' In view of above discussion I find no force in this application which is dismissed. However, it will be open for the applicant to file a direct complaint if so desired.
4. Applicant dismissed.