IN THE COURT OF SESSIONS JUDGE SANGHAR
Crl. Misc. Application No: of 2024
MST MEHNAZ W/O MUHAMMAD HANEEF
Muslim, Adult, by caste Arain,
R/o Society Muhalla Shahdadpur, Taluka Shahdadpur
District Sanghar ______________________________Applicant
VERSUS
1. MUHAMMAD HANEEF S/o Qasim Ali,
Muslim, Adult, by caste Arain,
R/O Village Hyder Khan Mari Taluka Tando Adam,
2. Senior Superintendent of Police, Sanghar
3. Station House Officer PS Tando Adam _______________Respondents
PLACE OF DETENTION:-
House of respondent No: 1
At village Hyder Khan Mari Taluka Tando Adam,
District Sanghar.
NAME OF DETAINEE.
BABY HURAIN FATIMA D/o Muhammad Haneef,
Muslim, Minor, by caste Arain, aged about 01 Month
Presently under illegal confinement of Respondent No. 1. _____ Detainee
CRIMINAL MISCELLANEOUS APPLICATION UNDER
SECTION 491 Cr. P. C.
It is respectfully prayed on behalf of the above named applicant that this
Honorable Court may be pleased to direct the Respondent No. 2 to recover
the above named detainee from the illegal confinement of Respondents No.
3 and produce him before this Honourable Court and the detainee, may be
handed over to the Applicant who is real mother of the detainee, on
consideration of the facts and grounds mentioned below: -
F A C T S A N D G R O U N D S.
1. That, the applicant is law abiding, peace loving citizen of state, having been
endowed with certain fundamental rights as envisaged under the Constitution of
Islamic Republic of Pakistan, 1973 and keep laws of state in its highest esteem.
2. That, the marriage of applicant was solemnized on 17-03-2023 with the
respondent No: 1 and in the result of said wedlock applicant has one issue namely
Baby Hurain Fatima aged about 01 Month.
3. That soon after the marriage respondent no 1 used to keep inhuman attitude
with the applicant and used to maltreat her mercilessly on the trashy things, as
respondent no 1 is man of harsh temperament however applicant tried her level best
to keep happy to respondent no 1 but all went in vain.
4. That, about 20 days back respondent No: 1 after beaten the applicant, kicked
out from his house and snatched minor daughter of applicant namely Baby Hurain
Fatima aged about 1 month.
5. That, after the incident the Applicant and other relatives went to the
NEKMARDS of locality and requested for assistance and help they tried their level
best efforts to recover the detainees but all went in vain and also approached PS
Tando Adam but no fruitful result came out.
6. That, the applicant is real mother of the detainees and she is competent to file
such application before this Honorable Court.
7. That the detainee is suckling minor and real daughter of applicant and detainee
needs her mother as only applicant can look after her properly rather than respondent
no 1 because applicant has apprehension for illness of detainee as well as detention of
minor baby may be harmful for life and health.
8. That, the act of Respondent No. 1 has clearly made an inhuman act by
kidnap the detainees from the applicant and also the violation of law of land on their
part.
9. That the Respondent No. 1 have illegally and Malafidely detained the detainee
at his home without any cogent reason / lawful authority, and they are threatening
the applicant and his family members to cause some major loss to her if she would
have sought any legal remedy to recover the above mentioned detainee.
P R A Y E R.
It is respectfully prayed on behalf of the above named applicant that this
Honorable Court may be pleased to issue the writ of Habeas Corpus and direct the
respondent no 3 to recover the detainee from respondent no 1 and to produce before
this Honorable Court and handover the custody of detainee/infant suckling baby to
the applicant.
The prayer is made in the interest of justice.
Sanghar.
Dated: 06/02/2024
Advocate for Applicant. APPLICANT
IN THE COURT OF SESSIONS JUDGE SANGHAR
Crl. Misc. Application No: of 2024
Mst Mehnaz ______________________________Applicant
VERSUS
Muhammad Haneef and others ________________Respondents
AFFIDAVIT
I, Mst Mehnaz W/o Muhammad Haneef Muslim, Adult, by caste Arain, R/o
Society Muhalla Shahdadpur, Taluka Shahdadpur District Sanghar do hereby state
on oath and solemn affirmation as under: -
1. That, I am Applicant in the above matter and fully aware and well
conversant with the facts of this case.
2. That the memo of application under section 491 Cr.P.C for issue
of writ of Habeas Corpus against the respondent no 1 has been drafted
and filed under my instructions and the contents whereof may be treated
as part and parcel of this affidavit for the sake of brevity.
3. That unless accompanying application is allowed I shall be
seriously prejudiced and suffer irreparable loss.
Whatever is stated above is true and correct to the best of my
knowledge and belief.
Sanghar.
Dated: DEPONENT
I know the Deponent
Advocate
