PRAKASH SINGH @ SHREE BABU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Interlocutory Application has been filed by the opposite party No. 2 praying therein that since the petitioner is intentionally disobeying the order of this Court passed on 31.10.2012 and has illegally and wrongfully confined the three children namely Rishabh Singh (son), Tanya and Mahi (both daughters) in their custody and, therefore, warrant of arrest may be issued for compliance of the order dated 31.10.2012 passed by this Court in this Writ Petition. In reply to said I.A., the petitioner has also filed rejoinder stating therein that due to non-availability of reservation tickets, he could not be able to produce the two children before this Court whereas girl Tanya is lying ill. It is relevant to mention here that on earlier occasion, the petitioner had shown Air Tickets as to how the children are being taken care of and what sorts of communication and facilities is being given to them but at present they are taking plea that they did not get reservation ticket.

(2.) I have gone through the operative part of the order dated 31.10.2012 passed in this Writ Petition whereby the petitioner Prakash Singh @ Shree Babu and Shekhar Singh, who are grandfather and father respectively of the three children, were directed to produce Rishabh Singh (son), Tanya and Mahi (both daughters) before this Court, positively on 7th November, 2012 so that children may be handed over to the mother and liberty was also granted to the grandfather and father of the children to visit the place of stay of the children in the interval of two months, preferably on the weekend.

(3.) It is needless to say that the order dated 1.8.2011, passed by the learned Chief Judicial Magistrate, Bokaro in Misc. Case No. 7/2011 was under challenge, which indicates that the matter is lingering for more than one year for custody of the children and the unfortunate mother is running from post to pillar for seeking justice but the petitioner and his family members, who think that they are proud of money, means and muscle, and they can handle the things according to their own way keeping the rule of law aside. I had experienced, while hearing aforesaid application, the attitude and tendency of the petitioner and his family members who were always appearing to the Court either in person or through the lawyer with an intention to flouting the Court's order by one way or the other, by one means or the other and to some extent till the date they have succeeded in their mission.