DRAFT / SPECIMAN / SAMPLE OF APPLICATION U / S 491 CR.P.C FOR THE RECOVERY OF DETNEU

IN THE COURT OF LEARNED SESSIONS JUDGE, LAHORE

 

         ABC….

         Through special Attorney _____

R/O House no.____, Street No. ___, Sector-F, DHA-Phase-2, Islamabad

…Petitioner                                          

Versus

  1. CPO, Lahore
  2. Irfan Arshad S/O Muhammad Arshad

R/O House No. ____, Block M, Gulberg-3, Lahore

2nd Address: Flat no. ___, Block No. ________, Sec-C, Askari-11, Lahore

 …Respondents

 

APPLICATION U / S 491 CR.P.C FOR THE RECOVERY OF DETNEU MST __________ AGED ABOUT 8 YEARS OLD FROM THE ILLEGAL AND IMPROPER CUSTODY OF THE RESPONDENT NO 2.

Respectfully sheweth;

 

  1. That the petitioner is a law abiding citizen of Pakistan and has very good antecedent in her credit, and is a woman who holds high regard and respect within her community.
  2. That the petitioner is the maternal grandmother of the minor namely Z_________A aged approximately 8 years. The minor was living under the care of her maternal family from 2016 to 2020 i.e. till the suspicious death of minor’s mother. Right after death of the mother of the minor respondent no. 2 forcefully snatched the minor daughter from the maternal family and hides her somewhere in Rawalpindi.
  3. That the maternal grand-mother filed the suit for custody of minor before the Learned Guardian Judge Rawalpindi and when finally the suit was decreed in favour of maternal grandmother and W.P 452/24 was also dismissed by the honorable Justice Jawad Hassan, Honorable Judge Lahore High Court, Rawalpindi Bench, the respondent no. 2 without getting prior permission, with mala-fide intention, to humiliate and blackmail the petitioner and her family illegally escaped from the jurisdiction of the guardian court, Rawalpindi and detained in Lahore.

(Copy of Order of the Honorable Lahore High Court, Rawalpindi Bench is annexed herewith as annexure “A”)

  1. That the Appellate Court vide order dated 30/01/2024 has issued the direction to handover the custody of minor to the petitioner(Maternal Grandmother) within 15 days positively but the respondent with mala-fide intention just to avoid execution of the final judgement and decree escaped from the jurisdiction of Rawalpindi and detained the minor in Lahore.

(Copy of Judgement/Decree dated 30/01/2024 is annexed herewith as annexure “B”)

  1. That it is imperative to mention here that the petitioner has also filed the execution petition whereby the Learned Executing Court has issued the Warrant against the respondent no. 2, ROBKAR was issued, Bailiff was appointed to produce the minor namely _____________ and it was revealed that the respondent no. 2 has been shifted to Lahore with minor girl.

(Copy of Robkar and Report of the Bailiff is annexed herewith as annexure “C”)

  1. That after the alleged murder of the mother of the minor, the minor’s life is also at stake. He actually disowns the minor but using her as a tool to black-mail and to extort the properties from the maternal family.
  2. That it has been revealed that the respondent no. 2 has detained the minor at Flat no. 9, Block No. 109, Sec-C, Askari-11, Lahore.
  3. That the life of the minor is at risk as Respondent No. 2 is continuously extending threats of dire-consequences and the pattern of erratic behavior points to a substantial threat to the wellbeing of the minor.
  4. That a lack of due action will lead to irreparable loss of the maternal grandmother as she has contributed significantly to the minors upbringing. Both of them share a strong bond and this loss after the suspicious death of her daughter, Navira Arzoo will likely lead to extensive damage to her health and wellbeing.
  • That Respondents No.2 has confined the detenue in his illegal and improper custody within the territorial limits of this Honorable Court as well as in the jurisdiction of respondent no. 1, therefore, this Honorable Court has got the jurisdiction to adjudicate upon the petition in hand.
  • That there is no other speedy, efficacious and appropriate remedy available to the petitioner except to invoke the jurisdiction of this Honorable Court through the instant Habeas Corpus Petition.
  • That it is expedient in the interest of justice that production order of the aforementioned detainee namely Zuria Arzoo Irfan may kindly be issued and her custody may be handed-over to the petitioner in the interest of justice.

 

PRAYER

It is therefore respectfully prayed that the petition of the petitioner may kindly be accepted and request for depute a bailiff of this honorable court for the recovery of minor granddaughter of the petitioner from the illegal and improper custody of the respondent No 2 and may be handed over the custody of minor grand-daughter __________…… to the petitioner being lawful guardian in the interest of justice.

  …Petitioner

   THROUGH

 


ASADULLAH HASSAH HASHMI                                                    BASIM NASER
ADVOCATE HIGH COURT                                                        Advocate District Court
LLM ITL (MEDALIST)                                                                            .

Dated :29/06/24

 

 CERTIFICATE

Certified as per instruction received from the petitioner, this is the first petition ever moved before this Honorable Court.

 

Counsel

 

 

 

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