Writ Petition Against Order Of 491 CrPc(Habaes Corpus) Custody Of Minor Child(Sample)
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
W.P. No._______________/2019
Azeem Bakhsh son of Malik Kalu, R/O Chah Musa Wala, Khooni Kalro Thal, P/O Khokhar Abad, Tehsil & District Layyah.
..PETITIONER
VERSUS
Addl. Sessions Judge/Justice of Peace Khanewal.
Station House Officer, Police Station
Private respondent
. RESPONDENTS
.PROFORMA RESPONDENTS
WRIT PETIITON UNDER ARTICLE 199 OF THE CONSTITIUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973 READ WITH SECTION 561-A CR.P.C FOR SETTING ASIDE ORDER DATED 31.01.2019 PASSED BY LEARNED RESPONDENT No.1.
Respectfully Sheweth,
That the names and addresses of the parties have correctly been given in the head note of the petition for effecting service and all other allied communications.
That brief facts giving rise to the instant petition are that the respondent No.3 filed an application U/S 491 Cr.P.C before the learned respondent No.1 for the production of Muhammad Ilyas aged about 15 years, Samia Bibi aged about 13-1/2 years and Shumaila Bibi aged about 9 years. the SHO Kot Sultan/respondent No.2 reached at the house of the petitioner and the petitioner made statement before him to produce the alleged detenues before learned respondent No.1 on 31.01.2019 i.e. date of hearing.
That on 31.01.2019 i.e. date of hearing, the petitioner produced the alleged detenue before the learned respondent No.1, in which the learned respondent No.1 without hearing the petitioner and his counsel handed over the custody of alleged detenues to the respondent No.3. The alleged detenues flatly refused to go with the respondent NO.3. The respondent No.1 with the help of Munir Ahmad (Step Father of alleged detenues) took the alleged detenues forcibly with them after slapping them.
That it was about 8 pm, on 31.11.2019 when the alleged detenues reached at the house of the petitioner and told that they were severely beaten by step grandfather for which they have escaped from their brutal custody and reached at the house of the petitioner. They also told the petitioner that when their step father was beating them their real mother was present there and they did not stop him at his brutal act. The alleged detenues told that he had the desire to kill them for which they have escaped from their custody and reached at the house of the petitioner.
That the impugned order dated 31.01.2019 is illegal, unlawful, against the law and facts of the case, hence same is liable to be set aside inter alia on the following:-
G R O U N D S
That the respondent No.1 ---with Munir Ahmad alongwith one minor daughter of the petitioner Shumaila Bibi aged about 9 years, she meet to direct alongwith Shumaila Bibi and lets on --- suit for dissolution of marriage and obtained decree. Therefore, the alleged detenues were in the custody of the respondent NO.3 as alleged in application U/S 491 Cr.P.C wherein she alleged that custody of the alleged detenues from ---.
That the behavior of the respondent No.3 is very much clear from her act that he failed to keep the alleged detenues in safe custody. After the custody they were severely beaten by their step father in her presence for which they luckily escaped from the house of their step father. They were in constant danger of death which they were in the custody of their step father.
That the impugned order dated 31.01.2019 was harsh, void and unheard. The alleged detenues were unwilling to go with the respondent No.3 from the very beginning but the learned respondent No.1 handed over the custody of the alleged detenues in a mechanical way without hearing the stance of petitioner as well as the alleged detenues
That petitioner being the real father of alleged detenues has manual intimacy with them and they cannot live without the petitioner. the respondent No.3 has miscarriage failed to take the responsibility of alleged detenues. They would be in constant danger of life, threat which they would be in custody of respondent No.3, due to natural inimical relationship of step father.
That the petitioner has moved an application for the appointment of guardian before the guardian judge Layyah, which was fixed for hearing on
That the impugned order dated 31.01.2019 is harsh, capricious, and against the fundamental rights of the petitioner. Due to the love and affection for the alleged detenues the petitioner has not married again.
That the learned justice of peace has committed illegality and material irregularity while passing the impugned order, while handing over the custody of the alleged detenues to the respondent No.3 without providing opportunity of hearing to the petitioner.
That the impugned order is patently illegal and against the facts of the case and amounts to illegal exercise in aid of ulterior motives of the respondent No.3 to fulfill his illegal designs and motives and to put the petitioner and others in agony which is futile under the law and illegal on the face of act.
That there is no alternate, efficacious, and speedy remedy available to the petitioner except to invoke the constitutional jurisdiction of this Hon’ble court.
P R A Y E R:
Under the above mentioned peculiar facts and circumstances, it is most respectfully prayed that instant petition may kindly be accepted and impugned order dated 31.01.2019 passed by learned respondent No.1 may kindly be set aside by declaring the same illegal, void ab initio, corrum non-judice, against the law and facts, to achieve the ends of justice and permanent custody of the alleged detenues may kindly be handed over to the petitioner in the interest of justice.
Any other relief which this Hon’ble court deems fit and necessary may also be awarded to the petitioner.
PETITIONER
THROUGH:
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839
CERTIFICATE:
It is certified that as per instructions of my client it is 1st petition on the subject matter before this Hon’ble court.
ADVOCATE.
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
AFFIDAVIT: Azeem Bakhsh son of Malik Kalu, R/O Chah Musa Wala, Khooni Kalro Thal, P/O Khokhar Abad, Tehsil & District Layyah.
That the above named deponent do here solemnly affirm and declare on oath as under:
That the contents of the Writ Petition are correct to the best of my knowledge and belief.
That nothing has been kept concealed or hidden.
Deponent
Verification:
It is certified that the day of February 2019 at Multan that the contents of the above affidavits are true and correct to best of my knowledge and belief.
Deponent
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
INDEX
Sr.
Description of documents
Annex.
Page
Urgent form
Stamp paper
Writ petition with affidavit
Copy of the petition under section 22-A/22-B Cr.P.C.
A
Copy of impugned order dated 04.07.2018
B
Copy of FIR
C
Stay application with affidavit
Power of attorney
Petitioner
Through
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
C.M No._____________/2019
In
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
AFFIDAVIT: Azeem Bakhsh son of Malik Kalu, R/O Chah Musa Wala, Khooni Kalro Thal, P/O Khokhar Abad, Tehsil & District Layyah.
That the above named deponent do here solemnly affirm and declare on oath as under:
That the contents of the stay application are correct to the best of my knowledge and belief.
That nothing has been kept concealed or hidden.
Deponent
Verification:
It is certified that the day of February 2019 at Multan that the contents of the above affidavits are true and correct to best of my knowledge and belief.
Deponent
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
C.M. No________/2019
In
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
PETITION UNDER SECTION 151 CPC.
Respectfully sheweth,
That the petitioner has filed above mentioned writ petition in this Hon’ble court and grounds and submissions of the main writ petition be treated as part and parcel of the instant application.
That the reasons and grounds mentioned in the petition, the petitioner has a good prima facie arguable case.
That the balance of convenience also leans in favour of the petitioner.
That if the operation of the impugned order dated 31.01.2019 is not stayed/ suspended than the petitioner would suffer an irreparable loss and injuries.
Affidavit is attached.
It is therefore, most respectfully prayed that instant petition may kindly be accepted and operation of the impugned order dated 31.01.2019 may kindly be suspended and temporary custody of the alleged detenues may also kindly be handed over to the petitioner till the final decision of this petition.
Petitioner
Through
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839
W.P. No._______________/2019
Azeem Bakhsh son of Malik Kalu, R/O Chah Musa Wala, Khooni Kalro Thal, P/O Khokhar Abad, Tehsil & District Layyah.
..PETITIONER
VERSUS
Addl. Sessions Judge/Justice of Peace Khanewal.
Station House Officer, Police Station
Private respondent
. RESPONDENTS
.PROFORMA RESPONDENTS
WRIT PETIITON UNDER ARTICLE 199 OF THE CONSTITIUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973 READ WITH SECTION 561-A CR.P.C FOR SETTING ASIDE ORDER DATED 31.01.2019 PASSED BY LEARNED RESPONDENT No.1.
Respectfully Sheweth,
That the names and addresses of the parties have correctly been given in the head note of the petition for effecting service and all other allied communications.
That brief facts giving rise to the instant petition are that the respondent No.3 filed an application U/S 491 Cr.P.C before the learned respondent No.1 for the production of Muhammad Ilyas aged about 15 years, Samia Bibi aged about 13-1/2 years and Shumaila Bibi aged about 9 years. the SHO Kot Sultan/respondent No.2 reached at the house of the petitioner and the petitioner made statement before him to produce the alleged detenues before learned respondent No.1 on 31.01.2019 i.e. date of hearing.
That on 31.01.2019 i.e. date of hearing, the petitioner produced the alleged detenue before the learned respondent No.1, in which the learned respondent No.1 without hearing the petitioner and his counsel handed over the custody of alleged detenues to the respondent No.3. The alleged detenues flatly refused to go with the respondent NO.3. The respondent No.1 with the help of Munir Ahmad (Step Father of alleged detenues) took the alleged detenues forcibly with them after slapping them.
That it was about 8 pm, on 31.11.2019 when the alleged detenues reached at the house of the petitioner and told that they were severely beaten by step grandfather for which they have escaped from their brutal custody and reached at the house of the petitioner. They also told the petitioner that when their step father was beating them their real mother was present there and they did not stop him at his brutal act. The alleged detenues told that he had the desire to kill them for which they have escaped from their custody and reached at the house of the petitioner.
That the impugned order dated 31.01.2019 is illegal, unlawful, against the law and facts of the case, hence same is liable to be set aside inter alia on the following:-
G R O U N D S
That the respondent No.1 ---with Munir Ahmad alongwith one minor daughter of the petitioner Shumaila Bibi aged about 9 years, she meet to direct alongwith Shumaila Bibi and lets on --- suit for dissolution of marriage and obtained decree. Therefore, the alleged detenues were in the custody of the respondent NO.3 as alleged in application U/S 491 Cr.P.C wherein she alleged that custody of the alleged detenues from ---.
That the behavior of the respondent No.3 is very much clear from her act that he failed to keep the alleged detenues in safe custody. After the custody they were severely beaten by their step father in her presence for which they luckily escaped from the house of their step father. They were in constant danger of death which they were in the custody of their step father.
That the impugned order dated 31.01.2019 was harsh, void and unheard. The alleged detenues were unwilling to go with the respondent No.3 from the very beginning but the learned respondent No.1 handed over the custody of the alleged detenues in a mechanical way without hearing the stance of petitioner as well as the alleged detenues
That petitioner being the real father of alleged detenues has manual intimacy with them and they cannot live without the petitioner. the respondent No.3 has miscarriage failed to take the responsibility of alleged detenues. They would be in constant danger of life, threat which they would be in custody of respondent No.3, due to natural inimical relationship of step father.
That the petitioner has moved an application for the appointment of guardian before the guardian judge Layyah, which was fixed for hearing on
That the impugned order dated 31.01.2019 is harsh, capricious, and against the fundamental rights of the petitioner. Due to the love and affection for the alleged detenues the petitioner has not married again.
That the learned justice of peace has committed illegality and material irregularity while passing the impugned order, while handing over the custody of the alleged detenues to the respondent No.3 without providing opportunity of hearing to the petitioner.
That the impugned order is patently illegal and against the facts of the case and amounts to illegal exercise in aid of ulterior motives of the respondent No.3 to fulfill his illegal designs and motives and to put the petitioner and others in agony which is futile under the law and illegal on the face of act.
That there is no alternate, efficacious, and speedy remedy available to the petitioner except to invoke the constitutional jurisdiction of this Hon’ble court.
P R A Y E R:
Under the above mentioned peculiar facts and circumstances, it is most respectfully prayed that instant petition may kindly be accepted and impugned order dated 31.01.2019 passed by learned respondent No.1 may kindly be set aside by declaring the same illegal, void ab initio, corrum non-judice, against the law and facts, to achieve the ends of justice and permanent custody of the alleged detenues may kindly be handed over to the petitioner in the interest of justice.
Any other relief which this Hon’ble court deems fit and necessary may also be awarded to the petitioner.
PETITIONER
THROUGH:
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839
CERTIFICATE:
It is certified that as per instructions of my client it is 1st petition on the subject matter before this Hon’ble court.
ADVOCATE.
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
AFFIDAVIT: Azeem Bakhsh son of Malik Kalu, R/O Chah Musa Wala, Khooni Kalro Thal, P/O Khokhar Abad, Tehsil & District Layyah.
That the above named deponent do here solemnly affirm and declare on oath as under:
That the contents of the Writ Petition are correct to the best of my knowledge and belief.
That nothing has been kept concealed or hidden.
Deponent
Verification:
It is certified that the day of February 2019 at Multan that the contents of the above affidavits are true and correct to best of my knowledge and belief.
Deponent
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
INDEX
Sr.
Description of documents
Annex.
Page
Urgent form
Stamp paper
Writ petition with affidavit
Copy of the petition under section 22-A/22-B Cr.P.C.
A
Copy of impugned order dated 04.07.2018
B
Copy of FIR
C
Stay application with affidavit
Power of attorney
Petitioner
Through
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
C.M No._____________/2019
In
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
AFFIDAVIT: Azeem Bakhsh son of Malik Kalu, R/O Chah Musa Wala, Khooni Kalro Thal, P/O Khokhar Abad, Tehsil & District Layyah.
That the above named deponent do here solemnly affirm and declare on oath as under:
That the contents of the stay application are correct to the best of my knowledge and belief.
That nothing has been kept concealed or hidden.
Deponent
Verification:
It is certified that the day of February 2019 at Multan that the contents of the above affidavits are true and correct to best of my knowledge and belief.
Deponent
IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN
C.M. No________/2019
In
W.P No. No.________________ - /2019
Azeem Bakhsh VS. ASJ/JOP etc.
PETITION UNDER SECTION 151 CPC.
Respectfully sheweth,
That the petitioner has filed above mentioned writ petition in this Hon’ble court and grounds and submissions of the main writ petition be treated as part and parcel of the instant application.
That the reasons and grounds mentioned in the petition, the petitioner has a good prima facie arguable case.
That the balance of convenience also leans in favour of the petitioner.
That if the operation of the impugned order dated 31.01.2019 is not stayed/ suspended than the petitioner would suffer an irreparable loss and injuries.
Affidavit is attached.
It is therefore, most respectfully prayed that instant petition may kindly be accepted and operation of the impugned order dated 31.01.2019 may kindly be suspended and temporary custody of the alleged detenues may also kindly be handed over to the petitioner till the final decision of this petition.
Petitioner
Through
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839
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