P.N. Harkauli, J.

1. THIS application for revision is directed against an order passed by the learned Judicial Magistrate I, Bulandshahr directing that Km. Rakesh and Km. Munni (applicants 3 and 4 in this revision) shall be restored to the custody of their father Hardas Singh, opposite party No. 1.

2. THE facts giving rise to this application so far as they are relevant for the purpose of this revision are as follows.

Hardas Singh, opposite party No. 1, moved an application under Sections 97 and 98 CrPC. He alleged that Smt. Premwati (applicant No. 2 in this revision) was his wife and these two girls were born to Smt. Premwati from him. In the year 1970 Rohtash (applicant No. 1 in this revision) enticed away Smt. Premwati and she had been living with him since then. It was further alleged that Rohtash had also kidnapped his children including these two girls. So Hardas Singh prosecuted Rohtash under Sections 498 and 363 IPC. In that case Rohtash was convicted by the learned Magistrate and his appeal was dismissed by the learned Sessions Judge in 1976. It was further alleged that neither Rohtash nor Smt. Premwati had any affection for these two girls and that they wanted to