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2002 Supreme(SC) 2180

R.C.LAHOTI, BRIJESH KUMAR
Ramesh Kumar Verma – Appellant
Versus
Jai Shankar Prasad Srivastava – Respondent


ORDER :

1. The learned magistrate first class, Aizwal district, Aizwal has on a private complaint filed by the respondent taken cognizance under Sections 323, 352 and 365 Indian Penal Code against the petitioners and by order dated 30.9.1999 directed notices to be issued to the petitioners requiring their presence before the learned magistrate at Aizwal. On 11.11.1999 as the petitioners failed to appear before the learned magistrate, he directed notices to be issued once again along with an observation that if the petitioners did not make appearance then warrants shall be issued for enforcing their attendance.

2. It is not disputed that the respondent, posted at Aizwal, was married to Smt. Ranjana, who is resident of Siwan (Bihar). The marriage failed and ultimately ended in divorce on 15.7.1997. The couple had a male child named Gulshan. The child seems to have been taken by the mother with herself. The respondent went to the house of his in-laws where his erstwhile wife was residing and demanded the custody of the child to be given to him. That was refused. On such refusal, respondent filed a complaint on 24.9.1999 before the learned magistrate first class, Aizwal. The learned magi

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