RAJESH KAPOOR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) A dispute over the custody of Aishley daughter of Deepak Kapoor-respondent no. 2 with his sister, namely, Seema and her husband Surinder Kumar led to registration of FIR No. 119 dated 30.11.2008 at Police Station Dasuya against petitioner on complaint of his brother Deepak Kapoor.

(2.) While going in the background, it is worth noting that a dispute arose between Deepak Kapoor and his sister Seema Kapoor over the custody of his daughter Aishley, who at the relevant time was living with Seema Kapoor. In order to have custody of the child Deepak Kapoor filed suit under Section 8 of the Guardian and Wards Act , in which learned Additional Civil Judge (Sr. Division), Dasuya allowed the application filed by Deepak Kapoor and his wife, for custody of their daughter and directed Seema Kapoor and her husband, namely, Surinder Kumar to produce minor child in Court on 18.11.2006 for handing over her custody to her biological parents. Seema Kapoor filed CR No. 6449 of 2006 in this Court and vide order dated 23.12.2006, operation of the order passed by Additional Civil Judge (Sr. Division), Dasuya was stayed. On 19.11.2007, this Court directed petitioners i.e. Seema Kapoor and her husband to produce Aishley Kapoor in Court but due to non-compliance of that order, a show cause notice for contempt of Court was issued to Seema Kapoor and Surinder Kumar. A report was called from Senior Superintendent of Police, Hoshiarpur, who was asked to confirm if Seema and Aishley were residing with Mr. K. Attwal, 23, Ashford Avenue Hayer Middlesex. Vide order dated 14.07.2008, directions were issued for registration of FIR against Seema and FIR No. 86 dated 12.08.2008 was registered at Police Station Dasuya, District Hoshiarpur. Vide order dated 10.12.2008, interim order granted in favour of revision petitioners was vacated and custody of the child was ordered to be restored to jurisdiction of this Court.

(3.) The above background shows that the dispute regarding custody of Aishley was between Deepak Kapoor and his sister Seema and the name of petitioner nowhere cropped up in the entire episode. Deepak Kapoor lodged a compliant against his brother Rajesh Kapoor (petitioner) on 30.11.2008 at Police Station Dasuya, which led to registration of FIR No. 119 dated 30.11.2008 at Police Station Dasuya District Hoshiarpur. The complaint reads as follows:-