SHARAFUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHARAFUDDIN has filed this criminal misc. petition under S. 482, Cr. P. C. with the prayer that the orders dated 11/4/1983 and 16/6/1983 by which the bailable warrants were issued against him and he was asked to produce two children, should be quashed.

(2.) SHRI Sittal Das, learned counsel has appeared for the petitioner-Shara-fuddin. Mst. Kanija Fatma is represented by SHRI A. K. Gupta. Even though, repeated efforts were made to procure SHRI Gupta's attendance and the case was adjourned on 4/9/1986 and 9/9/1986, he has not appeared to contest this petition.

(3.) I am handicapped in considering this application because no one has appeared on behalf of the mother inspite of my best efforts to get assistance. The order dated 27/6/1983 shows that the children were not prepared to go with the mother even though the court wanted to send them with the mother. The Magistrate has mentioned in the order that the legal guardian would be mother Kanij Fatma and it would be for the mother to create condition, where the children want to come to her. Obviously, the present one is a case, where the allegation is that father died by committing suicide on account of infidelity of Kanij Fatma who eloped with Rahisuddin alias Babu. The children were greatly aggrieved by this action of mother and, therefore, were not prepared to go with the mother.