BAPU KISAN LADKAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) ACCORDING to the petitioners, petitioner No. 1 Bapu and respondent No. 3 kausabai were married on 28. 4. 1980 and out of wedlock they have i. e. two sons and one daughter. Younger son namely Vikas was studying in 7th standard. According to the petitioners, the relations between the petitioner No. l and his wife were strained and therefore, they were living separately from each other for some time. While Vikas was in custody of the petitioner No. l, other two children were living with respondent no. 3. Vikas was got admitted in a primary school at Pargaon by the petitioner No. l. However, some times in the month of november 1995, respondent No. 3 removed the name of Vikas from that School and got him admitted in S. O. S. Bal-Gram Hostel at latur. On 8. 1. 1996 the petitioner No. l filed criminal Misc. Application No. 3/96 under section 97 of Cri. P. C. for search warrant for Vikas at S. O. S. Bal-Gram Hostel, Latur. On the same day learned J. M. F. C. Shrigonda, was pleased to issue search warrant for search of the boy. It was addressed to P. S. O. Latur Police Station as well as Shrigonda Police Station. According to the petitioners, on 9. 1. 1996, petitioner no. l went to Latur Police Station to handover the search warrant to the Police and to seek assistance of the Police for search of the boy. However, instead of providing any assistance to him and instead of making any search for the boy, the Police arrested the petitioner No. 1 and his two companions who are petitioners Nos. 2 and 3 in Crime no. 7/96 under section 363, read with section 34 of I. P. C. on the allegations that the petitioners had kidnapped Vikas from the lawful custody of the Director of S. O. S. Bal-Gram Hostel, Latur. They were produced before the Magistrate and Police custody was sought. However, police custody was refused and all the petitioners were remanded to Magisterial custody.

(3.) BY the present petition, the petitioners seek to quash and set aside the F. I. R. lodged in Crime No. 7/1996 at Latur Police station and further proceedings therein. They also seek directions to respondent No. 2 Director of S. O. S. Bal-Gram Hostel to handover custody of Vikas to the petitioner No. 1.