SATYA SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482, Criminal Procedure Code, praying for setting aside the orders dated 18.12.1994 and 3.1.1995 passed by the learned Judicial Magistrate, First Class, Banpur directing custody of the victim girl Basanti Sharma with her father Ramesh Kumar Sharma.

(2.) THE case of the petitioner is that he fell in love with Basanti Sharma and later they were married. It is alleged that the father of the girl namely Ramesh Kumar Sharma out of malice, ill -will, vindictiveness and vengeance lodged information with the Officer -in -charge, Banpur P.S. alleging that the petitioner had kidnapped her daughter, Basanti. It was given out that the age of his daughter only 13 years. On receipt of the complaint, the O.I.C., Banpur P.S. took away Basanti and produced her before the Judicial Magistrate First Class, Banpur. On 18.12.1994 the learned Magistrate recorded the statement of Basanti under Section 164, Cr.P.C. wherein she claimed that she was 21 years old and use desirous of staying with the petitioner, her husband and the in -laws. Later, on 18.12.1994 when said Basanti produced before the learned Magistrate her father, Ramesh Kumar Sharma filed an application praying to take the victim girl in his custody. It is contended that the learned Magistrate made over the victim girl to the custody of her father, ignoring the fact that she was a major, which is supported by the medical report and the statement made by the victim girl under Section 164, Cr.P.C. The petitioner claims that he has suffered irreparable loss because of the order of the Court below which is against the well established principle of law, inasmuch as, the petitioner being the husband should have been allowed to have a dialogue with his wife before the question of custody was determined. - -