PRATAPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner Pratapa Ram, father of Mst.Amri, being aggrieved of the order dated 21.4.2012 passed by the learned Judicial Magistrate, Raniwara directing detention of his daughter Mst.Amri at the Nari Niketan in connection with FIR No.27/2012 of Police Station, Karda.

(3.) Succinctly stated the facts of the case are that the petitioner is the father of Mst.Amri aged 14 years (Date of Birth is 2.1.1998). Mst.Amri was kidnapped by Ashok, Ganesha, Raimal and Methi upon which the petitioner filed an FIR No.27/12 at P.S. Karda against these accused persons for the offences under Sections 363, 366 and 366A/34 IPC. The police recovered Mst.Amri during investigation of the FIR aforestated and she was produced before the Court of Judicial Magistrate, Raniwara. The petitioner being the natural guardian of the girl filed an application before the learned Magistrate praying that the custody of his daughter be given to him as she was a minor and the petitioner being the natural guardian was entitled to have the guardianship of the minor child.