RAYEESA AIZAZ Vs. MOHAMMAD WAHEEDUDDIN

JUDGEMENT

(1.) This Revision case arises out of a direction given by the learned Magistrate in C. C. No. 18/83 that the boy Ameenuddin in the possession of P.W. 4 should be returned to A-2.

(2.) In C. C. 18/83 two persons were chargesheeted for the offence of kidnapping a child from Smt. Rayeesa and they are acquitted of the said offence under Section 363 I.P.C. During investigation the police recovered the body from Naseeren Begum (A-2) and handed over to Rayeesa (P.W. 4) Consequent upon the acquittal the learned Magistrate directed P.W. 4 to handover the child to A-2.

(3.) The learned counsel Sri C. Padmanabhareddy contended that whatever may be the outcome in C.C. 18/83 the direction given by the Magistrate to return the child is devoid of jurisdiction and beyond the purview of Criminal Procedure Code. It is further contended that it is not competent tp jssue such a direction in view of the prder of the Civil Court dt 21-2-1983 in LA. 471/83 restraining the 2nd accused in the criminal case from taking possession of the child and it is also contended that confessional statement of A-2 before the police is admissible to the extent of exploring as to the mother of the child. Sri Trivikramarao, learned counsel for the 2nd respondent while sustaining the acquittal by the Magistrate contended that the direction is consequent upon acquittal and when the offence of kidnapping is not proved the natural consequence is that the child should be handed over to A-2.