Raghubar Dayal, J.

[1] A child about 2 1/2 months old was found abandoned in the compound of the seed stores at Basti on the 19-5-1953. Shyama Charan getting information about the presence of the child there from one Shrimati Dhanpatia took charge of the child and took it to the police station where he reported the matter. The police then made over the child to Shyama Charan's custody.

[2] On 20-5-1953, Jagannath applied to the Magistrate praying that the child be given to his custody, he having no child of his own. After getting a report from the police, the Magistrate ordered on 1-6-1953, that the child be given to Jagannath and the child was actually made over to Jagannath on 9-6-1953.

[3] Thereafter Shyama Charan applied to the City Magistrate praying for the recall of the order expressing his failure to understand the law under which the order for the delivery of the child to Jagannath was passed and also the fact that a minor's custody is governed by the provisions of the Guardians and Wards Act.

On this application the Magistrate ordered that as the child was given to the applicant i.e., Shyama Charan by the police for a temporary period and in view of his order dated