Application for Recovery of Women / Children (Section 491)

IN THE HIGH COURT OF province AT principal_seat / IN THE COURT OF SESSIONS, district

Cr. Misc. Application No. _____ of year Under Section 491 of the Code of Criminal Procedure 1898 read with Article 199 of the Constitution of the Islamic Republic of Pakistan 1973 (where moved before the High Court)

applicant_name, son / daughter of applicant_father, holder of CNIC No. applicant_cnic, resident of applicant_address, relation to the detenue: applicant_relation ... Applicant

VERSUS

1. respondent_name, son of respondent_father, resident of respondent_address (alleged detainer) 2. The State, through the Station House Officer, Police Station police_station, district ... Respondents

APPLICATION FOR PRODUCTION AND RECOVERY OF DETENUE UNDER SECTION 491 CrPC

Respectfully sheweth:

1. That the present application is being moved for the production and recovery of the detenue, namely detenue_name, aged about detenue_age years, daughter / son / wife of detenue_father, holder of CNIC / B-Form No. detenue_cnic_or_b_form, ordinarily resident of detenue_residence, who is the relation_to_applicant of the applicant, and who, as detailed below, is being unlawfully confined or detained at the instance of respondent No. 1.

2. That a brief background of the matter is as follows: background_facts. The detenue had, until date_of_disappearance, been residing peacefully with the applicant, when, on the said date, at approximately time_of_disappearance, the detenue circumstances_of_disappearance.

3. That the applicant, on becoming aware of the said incident, made strenuous efforts to recover the detenue, including efforts_made. The matter was reported to Police Station police_station vide application / FIR No. police_complaint_reference dated police_complaint_date. However, no effective steps for the recovery of the detenue have been taken by the police till date.

4. That credible information has been received by the applicant indicating that the detenue is being held by respondent No. 1 at place_of_detention, against her / his free will, and is being prevented from establishing contact with the applicant. The detention is private, illegal, and without any lawful authority.

5. That the detenue, being a detenue_status, is entitled to be free from unlawful confinement, and the applicant, as the relation_to_applicant, is entitled in law to seek production and recovery of the detenue from such confinement, in exercise of the writ jurisdiction / Section 491 jurisdiction of this Honourable Court.

6. That the safety, life, and liberty of the detenue are in real and present danger, and unless this Honourable Court is pleased to intervene by directing immediate production and recovery of the detenue, irreparable loss may be caused. No alternative, equally efficacious, and expeditious remedy is available to the applicant in the facts and circumstances of the case.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Issue directions to the Station House Officer of Police Station police_station, accompanied by lady police officials and an officer of this Honourable Court / a respectable citizen of the locality, to recover the detenue from place_of_detention or any other place where the detenue may be found;

(b) Direct the production of the detenue before this Honourable Court at the earliest available date for inquiry and recording of statement;

(c) Direct that, on production, the detenue be allowed to express her / his free will as to where and with whom she / he wishes to reside, and orders be passed accordingly;

(d) Direct registration of FIR / further investigation against respondent No. 1 and any other person found involved in the unlawful confinement of the detenue;

(e) Issue any consequential or interim direction necessary for the protection of the life, liberty, and dignity of the detenue; and

(f) Pass any other order as this Honourable Court may deem just and proper in the circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ applicant_name Applicant Through: _____________________________ counsel_name Advocate