Application under Section 491 Cr.P.C.

In somewhat similar circumstances, in Shaukat Ali v. DPO and others (2005 YLR 1040), a learned Single Bench of this Court disposed of an application under Section 491 Cr.P.C. in the following terms: “To get recovery of detenues under section 491 read with section 561-A of the Cr.P.C., it is necessary that whereabouts of the detenues and the place shall be mentioned or pointed out by the petitioner. The petitioner himself has not been able to locate and disclose any such place from where the recovery could be made. The registration of F.I.R. with regard to the occurrence as noted above, has already been made, so as to trace the rest of the accused and recover the alleged detenues. So, this application has rightly been dismissed by the learned Sessions Judge. However, the petitioner can approach the local police with whom the investigation is in progress, if he is not satisfied with the pace and progress of the investigation, he can have redressal of the grievance from the superior of that force as provided by law. This application being misconceived is disposed of as such.” 

Part Of Judgment
Lahore High Court
Writ Petition-Criminal Proceedings-Detention/habeas
409-20
2020 LHC 200