The petitioners filed this petition under section 491, Cr.P.C. For the recovery and release of Falak Sher ' Jaith' of Mst. Alam Khatoon alias Malookan petitioner No. l and brother of Zulfiqar petitioner No.2 from the alleged illegal and improper custody of the S.H.O. Police Station, Qaimpur District Bahawalpur. This application was supported by an affidavit. The bailiff was deputed for the recovery of Falak Sher according to whose report he reached the aforesaid police station at 8-40 p.m. On 16-8-1995 where he found Falak Sher detained in the lock-up. The arrest was shown at Report No. 30, dated 16-8-1995 at 5-30 p.m. In case F.I.R. No.35, dated 22-2-1995 registered under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Police File was not shown to the bailiff. Falak Sher was released by the bailiff who has appeared before this Court.
Falak Sher detenu told the bailiff that he was arrested on 6-8-1995 by the police from Mauza Rana Wain, Tehsil Kahror Pacca, District Lodhran.
2. I have heard learned counsel for the petitioners who obviously has supported the version of Falak Sher detenu. I have also heard the S.H.O. A perusal of the Police File has made out that from 22-2- 1995 till 22-7-1995 Falak Sher alleged detenu and his brother Zulfiqar A.I petitioner No.2 find no mention in the case diary. The aforesaid F.I.R. Was registered on the written complaint of Karim Bakhsh father of Mst. Alam Khatoon alias Malookan petitioner No. 1. The contention of both the petitioners is that they have married each other and they are leading their family life in a happy manner. In the aforesaid F I.R. Neither Zulfiqar A.I petitioner No.2 nor his real brother Falak Sher alleged detenu is mentioned as the accused. It seems that to put the pressure upon the petitioners so that Mst. Alam Khatoon alias Malookan is restituted to her father who is complainant of the aforesaid criminal case Falak Sher alleged detenu was arrested. This is not the intention of law. The Police Officers have no wide powers to that extent and the exercise of such a jurisdiction is simply the transgression of authority. Falak Sher is not the accused of the F.I.R His arrest is simply unjustified and he is declared to be a detenu. As such Falak Sher is set at liberty to leave for a place of his own choice. At this stage Muhammad Safdar, Sub-Inspector/S.H.O., Police Station Qaimpur has submitted the written unconditional apology. The acceptance of the apology is a grace of the Court being a Divine qualification. The same is accepted and Muhammad Safdar, Sub- Inspector/S.H.O., Police Station Qaimpur, District Bahawalpur is not punished about which this Court has the jurisdiction. However, he shall remain careful in future and shall not re-agitate his authority against Falak Sher petitioner in future as is usual with the police failing which this matter shall be reopened.