RASSO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed on behalf of petitioner Smt. Rasso against the order dated 9.7.2003 vide which the learned Addl. Chief Judicial Magistrate, Bundi, sent Kumari Minaxi to Nari Niketan, Kota. It seeks quashing of the said order and the custody of Kumari Minaxi to the petitioner.

(2.) Briefly stated, the relevant facts are that Smt. Bachcha Bai lodged an FIR No. 205/03 for the offences under sections 366 and 363 with the allegation that Smt. Rasso and Radhey Shyam kidnapped minor girl Kumari Minaxi (who is the daughter of her daughter Smt. Geeta) in her absence from the house. During the investigation of the said case, Kumari Minaxi was recovered from the house of petitioner Smt. Rasso. Both the sides i.e. Smt. Rasso and Smt. Bachcha Bai filed applications for custody of minor girl Kumari Minaxi but the learned court below after hearing the parties, rejected the prayer of both the sides and sent Kumari Minaxi to Nan Niketan. Kota. Until orders with regard to her custody were passed by the competent court in view of the law laid down by this court in the case of Prakash v. State of Rajasthan, 1986 RLW 76.

(3.) After investigation, police has found the FIR lodged by Smt. Bachcha Bai totally false and concocted as is evident from the case diary produced before me.