2. According to the petitioners, petitioner No.1 Bapu and Respondent No.3 Kausabai were married on 28.4.1980 and out of wedlock they have i.e. two sons and one daughter. Younger son namely Vikas was studying in 7th standard. According to the petitioners, the relations between the petitioner No.1 and his wife were strained and therefore. they were living separately from each other for some time. While Vikas was in custody of the petitioner No.1, other two children were living with Respondent No.3. Vikas was got admitted in a primary school at Pargaon by the petitioner No.1. However, some times in the month of November 1995, Respondent No.3 removed the name of Vikas from that School and got him admitted in S.O.S. Bal-Gram Hostel at Latur. On 8.1.1996 the petitioner No.1 filed Criminal Misc. Application No.3/96 U/s.97 of Cr.P.c. for search warrant for Vikas at S.O.S. Bal-Gram Hostel, Latur. On the same day learned I.M.F.C. Shrigonda, was pleased to issue search warrant for search of the boy. It was addressed to P.S.O. Latur Police Station as well as Shrigonda Police Station. According to the petitioners, on 9.1.1996, petitioner No.1 went to Latur Police Station to handover the search warrant to the Police and to seek assistance of the Police for search of the boy. However, instead of providing any assistance to him and instead of making any search for the boy. the Police arrested the petitioner No.1 and his two companions who are petitioners Nos.2 and 3 in Crime No.7/96 U/s.363, read with Section 34 of I.P.C. on the allegations that the petitioners had kidnapped Vikas from the lawful custody of the Director of S.O.S. BalGram Hostel, Latur. They were produced before the Magistrate and Police custody was sought. However, police custody was refused and all the petitioners were remanded to Magisterial custody.

3. By the present petition, the petitioners seek to quash and set aside the FIR lodged in Crime No.7/1996 at Latur Police Station and further proceedings therein. They also seek directions to Respondent No.2 Director of S.O.S. Bal-Gram Hostel to handover custody of Vikas to the petitioner No. 1.

4. On behalf of the Respondents, no affidavit-in-reply is filed.

5. There is no dispute that Vikas is son of petitioner No.1 and Respondent No.3. As per School Leaving Certificate from Z.P. Primary School, Pargaon, Tq.-Shrigonda, date of birth of Vikas is 22.9.1983. He was admitted in the said school on 15.6.1993 and on 25.11.1995 he left the school and transfer certificate was issued on the request of his guardian. At that time he was student of 7th standard. According to the petitioner, Respondent No.3 had got the child removed from that school and got him admitted in BalGram Hostel, Latur. There is no dispute that petitioner No.1 had filed Criminal Misc. Application No.3/96 before J.M.F.C. Shrigonda with a request to issue search warrant U/s.97, Cr.P.C. for search and production of Vikas and on the same day search warrant was also issued by the learned Magistrate. The order dated 15.1.1996 passed by J.M.EC. Shrigonda, in Cri. Misc. Application No.3/96 reveals that on 9.1.1996 merely on telephonic message from the Director of S.O.S. Bal-Gram hostel, police had registered Crime No.7 /96 U/s.363, I.P.C. against some unknown person. Till that time no written report was lodged by the said Director i.e. Respondent No.2. It appears that written report was submitted on 14.1.1996. When petitioner No.1 alongwith his two 2006 ALL MR (Cri) - Nov. companions i.e. petitioner Nos.2 and 3 went to Latur Police Station to hand-over the search warrant issued by J.M.F.C. Shrigonda, instead of taking any action on the basis of that search warrant, the P.S.O. immediately jumped to the conclusion that the petitioners were the persons who had committed offence of kidnapping and he arrested them. He did not even bother to take cognizance of the search warrant issued by the Magistrate and to find out that the petitioner No.1 is father of the