JUDGMENT - B.U. WAHANE, J.:---Whether the institution of the proceeding under section 97 of the Cr. P.C. directing the applicant No. 1 Purushottam Thakur to produce and hand over the minor children to the non-applicant No. 1 Smt. Warsha w/o Narayan Thakur, was legal, just and proper? This is the only question to determine.

2. The facts giving rise to decide the question raised by the applicants are as follows:

The applicant No. 1 Purushottam Thakur is the father of the applicant No. 2 Narendra Thakur. The non-applicant No. 1 Smt. Warsha is the wife of the applicant No. 2 Narendra Thakur. The non-applicants No. 2 and 3 viz. Ku. Chinmaya and Akshay are the daughter and son of the applicant No. 2 Narendra and non-applicant No. 1 Smt. Warsha. Therefore, the applicant No. 1 Purushottam Thakur is the father-in-law of the non-applicant No. 1 Smt. Warsha and the grand father of the non-applicants No. 2 and 3 Ku. Chinmaya and Akshay.

Out of the wed-lock the applicant No. 2 Narendra and non-applicant No. 1 Smt. Warsha have 3 children. Ku. Chinmaya's date of birth is 14-6-1985, Akshay the non-applicant No. 3's date of birth is 29-4-1987 and the 3rd one Pralhad born on 14-12-1989.

The applicant

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