NAZIR AHMAD BHAT Vs. JAWAHIRA

JUDGEMENT

(1.) ORDER :- Through the medium of this petition inherent jurisdiction of the Court vested under S. 561-A, Cr. P.C. has been invoked to quash order dated 22-10-99 passed by the Judicial (Forest) Magistrate, Srinagar whereby he directed the SHO of the concerned Police Station to free the female child, aged seven months named Bisma from the wrongful confinement of her father namely, Nazir Ahmad Bhat son of Mohmmad Rafiq Bhat resident of Sarmarg Teh. Handwara and produce her in the Court on 27-10-1999. Respondent namely, Mst. Jawahara is the wife of the petitioner and she had made application under S. 100, Cr. P.C. before the said Magistrate alleging therein that on account of strained marital relations, the petitioner herein forcibly took the child from her custody. The child is a suckling baby who is denied the breast feeding and in this manner her life is being endangered. The Magistrate had recorded the statement of the respondent on oath who had stated that petitioner has kept a mistress and leads licentious life. He even consumes liquor and after robbing the respondent of her jwellery forcibly took away the child from her lap. All this happened while living in rented accommodation in the city of Srinagar. He has kept the child in his parental house where her life is in danger as she is not getting mother's milk and care. The Magistrate after his satisfaction believed that the child was confined under such circumstances which make the confinement an offence and accordingly issued the search warrant as stated above.

(2.) The petitioner has challenged the order of the Magistrate on the ground that the child is with her father who is the natural guardian. That such custody cannot be said as wrongful confinement. The Magistrate has abused the process of law by depriving the natural guardian to keep the child with him.

(3.) Heard the arguments.