LILABAI Vs. CHANDANLAL

JUDGEMENT

(1.) THIS is a report made by the Second Additional Sessions Judge. Indore under section 438 of the Criminal Procedure Code for revising the order passed by the first Class Magistrate, Mhow under Section 100 of the Criminal P. C.

(2.) COMPLAINANT Chandulal lodged a complaint before the First Class Magistrate, mhow against one Harishchandra in respect of an offence under Section 366, I. P. C. , alleging that the latter had Kidnapped his daughter Lila aged about 17 years with the object of committing illicit intercourse with her. In the course of that proceeding he applied for issue of a search-warrant and for delivery of the custody of his daughter Lilabai to him. The grounds alleged in the application were that in case his daughter is allowed to live with the accused that would 'affect her reputation and her statement, was going to be of some importance in the case'. The Magistrate called upon the accused to reply to this application. On 7-7-1956 complainant filed another application praying for immediate issue of a search warrant alleging that in case the matter were delayed there would be difficulty in execution of the search-warrant. This application was allowed and the Court on the same day issued a search-warrant for producing the girl Lilabai in the Court. A reply was filed by the accused on 9-7-1956. In his reply the accused opposed the application. In pursuance of the search-warrant the girl was produced on 10-7-1956. The Magistrate ordered her to be restored to the custody of her father. The girl protested, and complained that she was of 18 years of age and major and that her father intended to surrender her to a military-man after taking money from him. The Court thereupon as an interim measure ordered her to be kept in the custody of one Tarabai.

(3.) THE girl Lilabai thereupon filed a revision petition against the order of the magistrate removing her from the custody of the accused and relegating her to the custody of Tarabai.