YOGESH SHARMA SHIV DUTT SHARMA KM POSYA YOGESH SHARMA Vs. SURESH CHANDRA KAUSIK RAM SWAROOP KAUSIK SUDHA KAUSIK

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed for issue of direction in the nature of Mandamus directing the S.S.P., Hathras to recover the petitioner No. 2 Km. Posya daughter of petitioner No. 1 Yogesh Sharma from illegal custody of respondents and for issue of suitable orders.

(2.) Heard Sri Rajesh Pathik, learned counsel for the petitioners and Sri Shashi Nandan, learned counsel for the respondents and have gone through the record.

(3.) Petitioner No. 1 Yogesh Sharma is father of Km. Posya petitioner No. 2 aged about 9 years. Yogesh Sharma is lecturer in Chemical Engineering in P.M.V. Polytechnic College, Mathura. Smt. Anita mother of Km. Posya is no more alive. Respondent No. 1 Suresh Chandra Kausik is father of Anita who was mother of Km. Posya, Respondent No. 2 Sudha Kausik is wife of respondent No. 1 Suresh Chandra Kausik. Respondent No. 3 Atul Kausik and respondent No. 4 Akhilesh Kausik are sons of Suresh Chandra Kausik grand maternal uncle of Kin. Posya. Petitioner No. 1 Yogesh Sharma lives in Type-4 Quarter, P.M.V. Polytechnic College, Mathura. Respondents live in village Navipur Kala Police Station Kotwali district Hathras. Km. Posya also lives with respondent No. 1 Suresh Chandra Kausik. Respondent No. 3 Atul Kausik, maternal Uncle of Km. Posya is also Doctor.