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1996 P Cr. L J 1870

MUHAMMAD AMJAD vs S.H.O. and others

Citation1996 P Cr. L J 1870
CourtLahore High Court
Case No.Criminal Miscellaneous No,761-H of 1996
Date1996-07-08
Judge(s)Iftikhar Hussain Chaudhry
ResultPetition allowed

ORDER

' The petition was submitted alleging that Mst. Naseem Akhtar, wife of the petitioner was being detained unlawfully in Darul Aman at Faisalabad.

2. Record has been produced. According to the record Mst. Naseem Akhtar was produced before a Magistrate 1st Class for recording her statement under section 164, Cr.P.C. On 27-6-1996. Earlier, she had appeared before the Investigating Officer of her own free accord. She was lodged in Darul Aman and was produced therefrom on 1-7-1996 for recording of her statement, but the matter was postponed to 4-7-1996 and she was sent back to Darul Aman. Her statement was to be recorded by Magistrate 1st Class on 8-7-1996 i,e, today. Mst. Naseem Akhtar is stated to be 23/24 years of age and had married the petitioner of her own free accord. There was no justification for lodging her in Darul Aman 17id the orders passed by the Magistrate 1st Class in this regard also do not show as to under what circumstances she was being lodged in Darul Aman. The jurisdiction in the matter has been exercised by the concerned Magistrate quite arbitrarily and his orders do not have the support of law on the subject.

3. Superintendent, Darul Aman, Faisalabad, shall release Mst. Naseeml Akhtar forthwith, if she is still lodged in Darul Aman, Faisalabad.

4. The petition is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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