Application u/s 491

 

 IN THE COURT OF SESSIONS JUDGE DADU

                 Habeas Corpus Application No:                   of 2016

Mst Hakeema W/O Abdul Hameed Panhwar , muslim,

Adult, resident of Village Allah Obhayo Panhwar ,Purano Dero 

Taluka & District Dadu --------------------------------------------Applicant

                                   Vs

1. SSP Dadu.
2. SHO P.S A Section Dadu.
3. Zahid S/o Ghullam Qadir PanhwarR/o Buth Mohalla Dadu.
4. Zafar S/o Manzoor Panhwar R/O Allah Obhayo Panhwar.
5. Irshad S/O Hyder Panhwar R/O Phulji Stetion.
6. Five Unknown Person.

-----------------------------------------------------------------Opponents.

                           

                                 DETAINEE

1.    Zaib- un- Nisa d/o Abdul Hameed Aged about 2 years R/o Village Allah Obhayo Panhwar  Taluka & District Dadu.

APPLICATION UNDER SECTION 491 CR.P.C.

                The above named applicant begs to submit as under:-

1.                That the applicant resides at the above address, is peace loving and law abiding citizen of Islamic Republic of Pakistan having good reputation and soft record in the locality.

2.                That the Applicant field 22 A&B Cr.Pc same was transfered Before Honarable IInd Additional Session Judge Dadu against the same Accused and same was withdrawn, and was given direction to the applicant to file the application under provion 491 Cr.Pc.

 3.         That  on 13-05-2016 at about 2200 hours night time when applicant was sleeping with her children ,all the accused trespassed into the house of Applicant .The applicant woke up on the noise of accused and identified the accused on the light of torch.

4.       That the accused Zahid armed with pistol,Accused Zafar armed with Pistol ,Accused Irshad armed with Pistol and Five unidentified accused armed with dandas. All the  accused raised shouts and abused the applicant .

5.     That the  Accused person gave kicks to the applicant and accused zahid Grabbed her from hair  and slapped her and tore her clothes ,accused zafar took Rs , 50000 thousands from small iron box .

6.     That the accused Zahid has kidnapped her baby ZAIB-UN-NISA and has detained her illegly.

7.      That on 14-05-2016, at Morning  time, the applicant went the house of opponents No. 3, where the opponent Zahid was present   asked for minor baby on which zahid annoyed and said to the applicant to withdraw from the Direct Complaint, which is pending before Ist Civil Judge/JM Dadu, and  issued threats of dire consequences to the applicant and drove her out from house.

8.        That the applicant approached to the nekmards of locality but all in vain.

9.          That the applicant apprehend endanger the lives of the detainee (minor Baby ZAIB_UN_NISA) at the hands of private opponents, and the private opponents may commit murder of detainee with malafide intention and ulterior motives.

10.               That the applicant prays as under:-

a)   That this Honourable court may be pleased to direct the Opponents No. 1 & 2 to produce the detainee before this Honourable court and hand over the custody of detainee to the applicant.

b)   Any other relief(s) which this Honourable court may deem fit and proper under the circumstances of the case be also granted to the applicant.

                                                                           Applicant

                                         Advocate

                                 For the applicant.

Dadu,

Dated:     14.06.2016.

 

 

IN THE COURT OF SESSIONS JUDGE DADU

           Habeas Corpus Application No:                  of 2016

Mst Hakeema -------------------------------------------------Applicant

                                   Vs

SSP Dadu & others-------------------------------------------Opponents.

                   AFFIDAVIT

                   I, Mst Hakeema w/o Abdul hameed Panhwar, muslim, adult, resident of Village Allah Obhayo Panhwar Taluka & District Dadu, do hereby state on oath as under:-

1.                              That I am applicant in the above matter and know the facts very well.

2.                  That the accompanying application u/s 491 Cr.P.C. and the present affidavit have been drafted and filed by my counsel under my instructions.

3.                  That the averments of the main application may be treated as part and parcel of this affidavit.

4.                   That whatever is stated above is true and correct to the best of my knowledge and belief.

                                                                   Deponent.

                   I know the deponent.

                  

                         Advocate

          ON SA before me. The deponent is identified by Mr.MUJJAN ALI PANHWAR, Advocate,  who is known to me personally.

           COMMISSIONER FOR TAKING AFFIDAVIT.