KALLU Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS habeas corpus petition has been filed by the petitioner who claims to be the husband of the lady Maimo alias Meena. By order annexure P -4, dated 18.7.95, the Addl. Chief Judicial Magistrate, Gwalior has directed Mst. Maimo alias Meena to be kept in Mahila Alpkalin Sanrakshan Grih, Gwalior. According to the petitioner, the above named lady is being kept there against her wishes. In this petition no evidence even prima -facie has been produced to show that there has been any legal valid marriage of the petitioner with the above named lady. The petitioner has moved an application before the A.C.J.M., Gwalior with a prayer that the above named lady be set at liberty so that she lives with the petitioner as his wife. The facts narrated on behalf of the petitioner and those mentioned in the order of the concerned Magistrate, require an inquiry and investigation which can be done by the appropriate Court where the case is pending under section 98 Cr.P.C. We, therefore, decline to entertain this Habeas Corpus petition and direct the concerned Magistrate before whom the case is pending (i.e. the Court of A.C.J.M., Gwalior) to consider the application made by the petitioner on merits after holding an inquiry into the facts alleged and pass necessary orders in accordance with law.

(2.) PETITION is disposed of with the above directions.