ROHIT SURESH KULTHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) In this petition, order dtd. 27/10/2017 passed by the revisional Court is under challenge. The application was preferred by the petitioner before the trial Court under Sec. 97 of the Code of Criminal Procedure, 1973 (' CrPC ', for short). The petitioner is the father of minor child-Palav. The petitioner married Prajakta on 24/11/2013. The child named Palav was born out of the wedlock on 03 /04/2015. In an unfortunate incident which took place on 08/10/2016, Prajakta had to be taken to the hospital after she consumed water from a pot which made her ill. Prajakta died on 10/10/2016. Prajakta's parents filed a complaint with Dehuroad Police Station against the petitioner under Sec. 498 , 304B , 354 , 323 , 504 , 506 read with 34 of Indian Penal Code , 1860. According to the learned counsel for the petitioner, the complaint is falsely instituted.

(3.) The issue in the present petition is regarding the applicability of Sec. 97 of CrPC. It is contended by learned counsel for the petitioner that Palav was in his lawful custody at the time of arrest of the petitioner in 2016. While the petitioner was in judicial confinement, the custody of minor child Palav was handed over by the investigating officer to the aunt of minor child Palav, who is the respondent no. 4 herein. The respondent no. 4, in-turn handed over the custody of 'Palav' to the petitioner's in-laws i.e. Prajakta'a parents- respondents no. 5 and 6.