GOPAL JI Vs. SHREE CHAND

JUDGEMENT

(1.) THIS is an application by three persons, Gopal Ji, Laxmi Devi and Radha Krishna, under section 491, Criminal P. C. , as also under Article 226 of the Constitution of India. Article 226 has apparently been added because the prayer which has been made is a prayer that is generally made in applications for 'habeas corpus'. The prayer is that a writ of 'habeas corpus' be issued to set at liberty Gopal Ji and Laxmi Devi, applicants Nos. 1 and 2, from illegal detention and illegal custody of the opposite parties.

(2.) THE allegations on which this application was founded were that Gopal Ji and Laxmi Devi are two minor children of applicant No. 3, Radha Krishna. Gopal Ji is a boy of about six years, while laxmi Devi is a little girl of about two years of age. The mother of these two minor children suddenly died of cholera on 2-11-1953 at the Colvin Hospital, and that Shri Chand and Kamta prasad, the opposite parties, thereafter took away the two minor children to their house, that the opposite parties have refused to send back the children to their father and they are demanding a sum of Rs. 500/- as a kind of ransam for sending back these children. In the affidavit it was alleged that the children were in danger of harm, and that if they were not forthwith released from the custody of the opposite parties then there was grave danger to their life. It may be here stated that in the affidavit of the petitioner no mention was made as to there being any relationship between Srichand and Kamta Prasad on the one hand and the three petitioners on the other. From the affidavit and the petition it appeared as though the opposite parties were total strangers, and that they were detaining the two minor children in order to make unlawful gain out of their detention.

(3.) NOTICES were issued to the opposite parties to show cause, and in answer to that notice the opposite parties have shown cause and have also produced the two minor children in Court today in order to receive final orders in regard to their custody from us.