NOOR MOHD Vs. STATE NCT OF DELH

JUDGEMENT

(1.) Petitioner Noor Mohd. seeks a writ of habeas corpus for production of Farooque, a child, who was being reared by him. Farooque had been taken away from his custody by respondent No.7 Saeeduddin, accompanied by the Police on 22.11.2005. Petitioner prays for action against the erring Police Officers as well as respondent No.7 Saeeduddin, who claiming to be the biological father of Farooque, took away the child with the help of Police. Petitioner called the child "Farooque" while respondent No.7 called him "Sonu". We have, for the facility of reference, referred to the child as "Farooque @ Sonu".

(2.) Petitioner claims that Farooque @ Sonu was being reared by one Kalu. An old woman had found him loitering in the village in the year 1999 and she had handed him over to Kalu. Petitioner alleged that as Kalu was not treating Farooque @ Sonu well, villagers and Police rescued Farooque @ Sonu from Kalu and left him in the care of the petitioner. Petitioner claims that he and his wife, who have six daughters but no son, showered all their affection on him and brought him up as their own child. Petitioner stated that he got Farooque @ Sonu admitted to the MCD school at Jasola. He produced a certificate showing admission of Farooque @ Sonu to the School on 8.7.1999.

(3.) Respondent No.7 is the complainant on whose complaint FIR bearing No.7/2000 under Section 364-A IPC, PS Budhana, U.P. had been registered. Petitioner lodged the FIR stating that his son, who had been playing, went missing on 6.1.2000 and had been kidnapped. Respondent No.7 claims that Farooque @ Sonu is the child born to him and his wife Hazra, who had been kidnapped. Respondent No.7 along with the Investigating Officer of the case, had gone to petitioner's house and recovered the child. Respondent No.7 Saeeduddin identified Farooque @ Sonu as his child and got his custody with Police help.