LAWS(ALL)-2012-4-48

RAM ADHAR RAWAT Vs. STATE OF U.P.

Decided On April 30, 2012
RAM ADHAR RAWAT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) WE have heard learned counsel for petitioner and perused the pleading of writ petition as also C.M.A. No. 31731 (w) of 2012 (Application for recall/modification of order dated 23.3.2007 passed by a Coordinate Bench).

(2.) IT appears from the pleading as also submission of learned counsel for petitioner that an application was moved vide Annexure-4 to the writ petition under the provisions of Protection of Women from Domestic Violence Act, 2005. Acting thereupon, the Probation Officer passed an order dated 20.1.2007 directing Station House Officer, Police Station Cantt., Lucknow to take petitioner and other opposite parties in custody and produce them in his office. IT was also directed to ensure restoration of custody of female child aged about two and half years to her mother, namely, Smt. Kanti Devi. Thereafter vide order dated 06.03.2007 another order was passed for restoration of custody of the female child to her mother. These two orders were called in question in this writ petition and vide orders dated 21.3.2007 and 23.3.2007, a Coordinate Bench of this Court directed as under:

(3.) RESPONDENTS may file counter affidavit within four weeks.