MADAN AND ANOTHER Vs. RAVINDRA AND ANOTHER

JUDGEMENT

(1.) The petitioners have invoked extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, being aggrieved by order dated 27.4.2009 passed by learned Special Judge (Atrocities)/Additional Sessions Judge, Chhindwara in Criminal Revision No. 245/2008 whereby the order dated 29.10.2008 passed by the Sub Divisional Magistrate, Chhindwara in Criminal Case No. 11/2008, was affirmed.

(2.) Facts, in short, giving rise to this petition are that the petitioners are parents of deceased Nirmala. Her marriage was performed with respondent No. 1 in the year 2000. Out of the wedlock of respondent No. 1 and deceased Nirmala a female child, namely Yukhta was begotten in the year 2002. Deceased Nirmala is said to have been died on 15.12.2007 due to encephalitis. After the death of Nirmala her female child Yukhta was brought by these petitioners with them. It is further pleaded that a civil suit in regard to taking the possession of Yukhta is pending before the Civil Court.

(3.) In the meantime, respondent has filed a petition under Section 98 of the Code of Criminal Procedure before the Sub Divisional Magistrate, Chhindwara for directing the petitioners to hand over Yukhta to the respondent.