SANJEEV NAYAN SHARMA Vs. KAMLA BAI

JUDGEMENT

(1.) For the reasons assigned, I.A. No.5000 of 2022 - application for leave to appeal, is allowed.

(2.) Since the appeal is filed only so far as certain observations and directions against the appellants are concerned, we do not find it necessary to issue notice to the other parties.

(3.) This appeal is filed being aggrieved by certain observations made by the learned Single Judge in the impugned order dtd. 28/6/2022 passed in W.P. No.14225 of 2022. The petition before the learned Single Judge was a Habeas Corpus petition seeking production of the corpus. In para 20 it was noted that the corpus as well as her mother were present in the Court and since the petitioner has expressed that she is ready and willing to keep the corpus with her and since the corpus has stated that she wishes to stay with her mother, it was directed that the corpus be released from Nari Niketan, Gwalior and be handed over to the petitioner. In the course of passing a detailed order, the learned Single Judge directed an F.I.R. under Sec. 166A of the I.P.C. apart from other offences to be registered against Shri Sanjeev Nayan Sharma, Station House Officer and others. A direction was also issued to the Superintendent of Police, Gwalior to personally monitor the investigation.