BASANTI DEVI Vs. STATE

JUDGEMENT

(1.) PRAKASH Tatia and C. M. Totla, JJ. Heard learned counsel for the petitioner.

(2.) THE petitioner has submitted this habeas corpus petition alleging that her son in the custody of her father-in-law i. e. , in custody of grandfather of the child. After narrating the facts, which we shall be referring in detail herein below, she pleaded that respondent-grandfather of the child be directed to produce-the petitioner's son before this Court and custody of the child may be handed over to the petitioner.

(3.) FACTS leading to this petition are as under: as per the facts stated in this habeas corpus petition after marriage of the petitioner with Niranjan Singh on 2nd december, 2003, her husband niranjan Singh committed suicide on 22nd October, 2007. On the basis of suicide note, the case under Section 174, Cr. P. C. was registered. According to the petitioner, thereafter, on 23rd november, 2007 she gave a registered notice to her father-in-law Madhav singh and demanded custody of her son Raja @ Jeet Singh, The petitioner also demanded return of goods, which according to her, were her dowry articles. She also demanded maintenance from her father-in-law. After this registered notice of the petitioner dated 23rd November, 2007, the petitioner's father-in-law lodged F. I. R. under Section 306, Cr. P. C. against the petitioner. The petitioner also submitted an application under Section 91, cr. P. C. on 1st December, 2007 and got a search warrant issued for her son raja @ Jeet Singh. In the said proceedings notices were issued to the petitioner's father-in-law and after hearing both the parties, the learned executive Magistrate-A. D. M. , udaipur rejected the petitioner's application filed under Section 91, cr. P. C. The petitioner challenged the order of the A. D. M. , Udaipur dated 22nd December, 2007 by preferring revision before the Sessions Court, udaipur, that too, was rejected. Then the petitioner also lodged F. I. R. on 2nd april, 2008 against her father-in-law for committing offence under Sections 498a and 406, I. P. C.