RUKMANI BAI Vs. RADHA BALLABH

JUDGEMENT

(1.) THIS is a reference by the learned Additional Sessions Judge, Baran, in a case under sec. 500 I. P. C.

(2.) THE accused Mst. Rukmani happens to be the sister of one Ramprasad, who was the father of a minor named Shyamlal. THEre was some litigation between Ramprasad and Radhaballadh. Ramprasad died, and the property, which was alleged to belong to Ramprasad, was ordered to be taken over by the Court of Wards of Tonk State. Mst. Rukmani made an application Ex. P. 1 before the Nazim, Sironj, representing the Court of Wards, praying that Shyamlal, who has been taken into his custody forcibly by Radha Ballabh be made over to her custody or to the custody of some other reliable person. She also said in the application that Radha Ballabh's interests were adverse to those of Shyamlal, and he had unlawfully taken possession of Shyamlal's property, and it was only by the order of Ma1 Sadar, Tonk. that the property was taken out of the possession of Radha Balladh and placed under the Court of Wards for purposes of management. She expressed an apprehension that because the interests of Radha Ballabh were adverse to those of the minor, the custody of the minor by Radha Ballabh was not free from danger. This application is dated the 1st of April, 1948.