NARSING RAO Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision on behalf of B. Narsing Rao against the order dated 23rd April 1954 of the Additional Magistrate First Class, Secunderabad, directing the girl Kamala to be handed over to G. Pochiah, the second respondent before us.

(2.) THE Facts which culminated in the impugned order may shortly be stated. On 16th April 1954'g. Pochiah lodged information with the police that the petitioner had enticed away his daughter, who was below sixteen years of age in his absence and was refusing to restore her to his custody. The police registered a case under Section 363, Indian Penal Code and issued F. I. R. , which reached the court on 20th April 1954. On the same date, three separate applications were made to the Court on behalf of the State, the petitioner and respondent No. 2. The State prayed that pending investigation and trial of the case the girl produced before the Magistrate may be sent to the Rescue Home at Asfnagar. The petitioner claiming himself to be the husband of the girl and the second respondent claiming to be her father competitively contested for ad interim custody of the girl.

(3.) THE learned Magistrate, without going into the merits of the application made by the State gave preference to respondent No. 2, who though a stop father was in his opinion a natural guardian and as such better entitled to be entrusted with the interim custody of the girl. The petitioner's application was rejected on the ground that his assertion as to his being the husband of the girl required proof, the occasion for which had not yet arrived.