SANT BACHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision arises out of an order dated 16th March, 1985 passed by 7th Munsif Magistrate Bahraich rejecting the application of Sant Bachan for the custody of his daughter Km. Kamini.

(2.) THE facts which give rise to this revision are as follows :- Sri Sant Bachan lodged FIR on 12th February 1985 against Ghanshyam opposite party No. 2 under Sections 363, 366 and 109 IPC with the allegations that Ghanshyam kidnapped Km. Kamini on 11th of February 1985. THE Investigating Officer recovered Km. Kamini on 20th February 1985 from the custody of Ghanshyam. He arrested Ghanshyam and referred Km. Kamini for Medical examination whereby she was examined by the Medical Expert on 23rd February 1985. In the opinion of the Medical Expert she was aged above 17 years. She was produced before a Magistrate 1st Class on 6th March 1985 and her statement under Section 164 CrPC was recorded. On the same day in view of her statement under Section 164 CrPC and the medical report the learned Magistrate directed her to be set at liberty and move out from police custody according to her sweatwill. It so appears that on 7th March 1985 the Station Officer submitted a report before the Magistrate that Km. Kamini wanted to go with Ghanshyam who was in jail. THE learned Magistrate thereupon permitted her to go with her father-in-law the father of the accused Ghanshyam. THE revisionist Sant Bachan moved an application on 14th March 85 with the prayer that Km. Kamini be handed over to his custody because she was minor and he happened to be her natural guardian. THE learned Magistrate vide his order dated 16th March, 85 refused to modify the earlier orders dated 6th and 7th March 1985 referred above and rejected the father's application for custody. Hence his revision.

(3.) IN the result I see no illegality or irregularity in the order passed by the Court below rejecting the revisionist's application for custody of Km. Kamini.