1. ' M. A. RASHID, J.-This is an application under section 491, Cr. P. C. Filed by one Baradi claiming to be the husband of Mst. Hawa for her recovery and for the recovery of his minor son Ghulam Yasin, who according to the allegation made in the application, were unlawfully detained by one Khairo by caste Kumbhar resident of village Imam Ali Shah near Breji Mori, Mirwan Road.. Taluk a and District Mirpurkhas.
2. ' On 18-5-1974 a Division Bench of this Court consisting of their Lordships the Chief Justice Mr. Abdul Kadir Shaikh and Mr. Justice Mir Khuda Baksh Marri issued Rule nisi for the production of Mst. Hawa and the minor .Ghulam Yasin. However, the process was returned unnerved as it was stated that the respondent had shifted to some other place in Nawabshah. However On 9-6-1976 Mr. Muhammad Ali Shaikh stated that the police did not search the house of the respondent because of local influence. Therefore, we directed that the process be served through D. I.-G., Hyderabad, who was directed send a police party from any other district. Today the police has produced Mst.
3. Hawa and the minor Ghulam Yasin. It appears that D. I.-G. Deputed Choudhry Muhammad Yaqoob, Inspector C. I. A., Hyderabad (Sind) to search the alleged detenu, who submitted his report to this Court stating there that he searched Mst. Hawa and her minor son Ghulam Yasin at the address given by the petitioner but they could not be traced there. However, he received information that Mst. Hawa and the minor Ghulam Yasin were residing near Railway colony in Railway quarter No, D, Block 'E' an accordingly, he went there and found Mst. Hawa and the minor Ghulam Yasin were living with her mother, father and brother and secured them from there. He further reported that respondent had left his village and the house of her mother-in-law about one and a half month back and his whereabouts were not known to anyone.
4. ' We have recorded the statement of Mst. Hawa. She states that she is aged 20 years and is married to the petitioner from whom she has a son by the name of Ghulam Yasin who is with her at the moment. She further states that she was forcibly taken away by the respondent and some other persons and was released by the respondent two or three days prior to the day she was recovered from the house of her mother by the police. However she states that she desires to go with her husband. Since she is major and has expressed her desire to go with her husband, we allow her to do so. The disposes of the application.
5. ' We may record that we have refrained from saying anything about her alleged abduction by the respondent lest the case of any of the parties might be prejudiced.