BIDYUT BISWAS Vs. KUHELI BISWAS & STATE

JUDGEMENT

(1.) This revisional application is directed against an order dated 8.6.2001 passed by the learned Sub-Divisional Magistrate, Barrackpore in Misc. Case No. 12/Ex. Barrackpore of 2001.

(2.) Mr. Sekhar Basu, the learned Advocate appearing for the petitioner submits that there was no wrongful confinement of the son of the present petitioner and there was no possibility of committing of an offence of wrongful confinement by the petitioner. But the present opposite party No. 1 filed a frivolous and vexatious complaint with false allegations by suppressing the material facts. The O.C. of the said Police Station did not submit any report as it was directed by the learned Magistrate but the said police officer illegally handed over the son of the present petitioner to the opposite party No. 1. It is really surprising that although there was no direction by the learned Magistrate to hand-over the child to the custody of the present opposite party No. 1 after recovery, the O.C. of the said Police Station handed over the child to the custody of the opposite party No. 1 illegally.

(3.) Mr. Jayanta Dutta, the learned Advocate appearing for the opposite party No. 1 submits that since the child has already been handed over the custody of the mother, i.e. the present opposite party No. 1, such custody should not be distributed in any way by this Court and the child may be allowed to remain in the custody of the mother.