' Inayat Hussain, the petitioner has brought the instant petition for setting aside the order, dated 14- 4-2003 recorded by learned Sessions Judge, Rajanpur, whereby he has dismissed his application under section 491, Cr.P.C. For recovery of the alleged detenue Nazira Bibi and setting her at liberty after recording her statement.
2. Briefly the facts relevant for the disposal of this petition are that the petitioner had brought the aforesaid application under section 491, Cr.P.C. Before the .Court of learned Sessions Judge, Rajanpur for the recovery of said Mst. Nazira Bibi mentioning therein that she had entered into Nikah with his son Muhammad Yar on 17-4-2002 while her parents on 6-10-2002 had got registered a false case in respect of her abduction against him and others. On 2-3-2003, the local police had conducted raid and in the same arrested his said son and daughter-in-law. They kept his son in the judicial lock-up and handed over his daughter-in-law to her parents while there is danger to her life at their hands. He prayed for her recovery and recording her statement and then proceed further in the matter in accordance with law.
3. The learned Sessions Judge, vide his order, dated 14-4-2003 had dismissed his said application observing that it was simply to hamper thel proceedings in the said criminal case.
4. His learned counsel has submitted that respondents Nos.2 to 4 illegally and improperly had detained the petitioner's daughter-in-law Mst. Nazira Bibi and hence she may be got recovered and produced before this Court and set at liberty after recording her statement.
5. I have carefully considered his submission and gone through the copies of record annexed to the petition.
6. Admittedly Mst. Nazira Bibi, the alleged detenue is presently living with respondents Nos.2 and 3, who are her uncle and father respectively, while respondent No,2 admittedly had got registered the case F.I.R. No,149, dated 6-10-2002 under section 11 of the Offence of Zina (Enforcement of Hudood)
Ordinance No,VII of 1979 with Police Station Umar Kot against petitioner's said son and others regarding her abduction.
7. In these circumstances, I have not been persuaded that she is in custody of respondents Nos.2 and 3 illegally and improperly. The petition, therefore, is dismissed in limine.