SAEEDAN BIBI vs NASIR HUSSAIN and 3 others
This matter arises from a criminal miscellaneous petition seeking the recovery of a minor child. According to the bailiff report, upon raiding the premises pointed out by the petitioner with the police, the respondents escaped, the minor was absent, and the petitioner was assaulted by the women present. The core legal question concerned the appropriate course of action for the recovery of the minor and the redressal of the petitioner's grievance regarding the abduction and assault. The Lahore High Court disposed of the criminal miscellaneous petition by directing the Station House Officer of Police Station Basti Malook, District Multan, to record the petitioner's statement, register a case under Section 363 of the Pakistan Penal Code 1860 alongside any other applicable provisions, and take all necessary steps to recover the minor child.
- What directions can the court issue when a bailiff's report indicates the disappearance of a minor and assault on the petitioner?
- Is the SHO bound to register a case under Section 363 of the Pakistan Penal Code 1860 upon the court's direction?
- Section 363, Pakistan Penal Code 1860
ORDER
' MAULVI ANWARUL HAQ, J.--- According to the bailiff report he proceeded to raid the premises pointed out by the petitioner along with the police. However, the respondents were able to make good their escape. According to the report, the minor was not present in the house while the ladies present in the house assaulted the petitioner.
2. Criminal Miscellaneous is disposed of accordingly with direction to the S.H.O., Police Station Basti Malook, District Multan to record the statement of the petitioner and to register a case against the culprits under section 363, P.P.C. And such other provisions as are found to be attracted and to take all steps for the recovery of the minor child of the petitioner.
3. With the above direction, Criminal Miscellaneous is disposed of.